CRM-M-47895 v. State of Punjab

, Advocate for the petitioner. Mr. Ketan Chopra, Advocate for the petitioner. Mr. Ketan Chopra . Mr. Sahil Chowdhary, AAG Punjab. Mr. -.- MANDEEP PANNU J. (Oral) MANDEEP PANNU J.

1. This is the first petition under Section 483 of the Bharatiya Nagrik This is the first petition under Section 483 of the Bharatiya Nagrik This is the first petition under Section 483 of the Bharatiya Nagrik This is the first petition under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No. Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No. Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No. Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No. 27 dated 06.03.2025

06.03.2025, registered under Section 21 of Narcotic Drugs 21 (b), 29/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 and Psychotropic Substa and 27- nces Act, 1985 and Section 25/54/59 of Arms Act and 27 registered at Police A NDPS Act enhanced vide rapat No.23, dated 08.03.2025, registered at Police A NDPS Act enhanced vide rapat No.23, dated 08.03.2025, A NDPS Act enhanced vide rapat No.23, dated 08.03.2025, Sarhali, District Tarn Taran. Station Sarhali, District Tarn Taran

2. , an ASI The case of the prosecution, in brief, is that on 06.03.2025, an ASI The case of the prosecution, in brief, is that on The case of the prosecution, in brief, is that on other police officials was on patrol duty in connection with checking of along with other police officials was on patrol duty in connection with checking of other police officials was on patrol duty in connection with checking of other police officials was on patrol duty in connection with checking of suspicious persons and searching for bad elements. The police party was suspicious persons and searching for bad elements. The police party was suspicious persons and searching for bad elements. The police party was suspicious persons and searching for bad elements. The police party was proceeding from CIA Tarn Taran towards Sheron, Naushehra Pannuan Thathian proceeding from CIA Tarn Taran towards Sheron, Naushehra Pannuan Thathian proceeding from CIA Tarn Taran towards Sheron, Naushehra Pannuan Thathian proceeding from CIA Tarn Taran towards Sheron, Naushehra Pannuan Thathian Mahanta. When the police party reache d in front of the office of PSPCL, three When the police party reached in front of the office of PSPCL, three d in front of the office of PSPCL, three suspicious persons were allegedly seen standing there. Upon noticing the police suspicious persons were allegedly seen standing there. Upon noticing the police suspicious persons were allegedly seen standing there. Upon noticing the police suspicious persons were allegedly seen standing there. Upon noticing the police party, they allegedly attempted to turn back. Out of them, one person allegedly party, they allegedly attempted to turn back. Out of them, one person allegedly party, they allegedly attempted to turn back. Out of them, one person allegedly party, they allegedly attempted to turn back. Out of them, one person allegedly s pant and threw it on the took out a polythene packet from the right pocket of his pant and threw it on the took out a polythene packet from the right pocket of hi took out a polythene packet from the right pocket of hi TRIPTI SAINI 2026.03.07 12:29 I attest to the accuracy and integrity of this document CRM-M-47895- -2025 (O&M) -2- On suspicion, the police apprehended them and asked their side of the kachha road. On suspicion, the police apprehended them and asked their On suspicion, the police apprehended them and asked their side of the kachha road. accused Lalit Sharma disclosed that the person who had thrown the names. The co-accused Lalit Sharma disclosed that the person who had thrown the accused Lalit Sharma disclosed that the person who had thrown the accused Lalit Sharma disclosed that the person who had thrown the polythene packet was Jashanpreet Singh @ Giani (present petitioner polythene packet was . The other Jashanpreet Singh @ Giani (present petitioner). The other two persons disclosed their names as Jobanjit Singh @ Joban two persons disclosed their names as Manpreet Singh Jobanjit Singh @ Joban and Manpreet Singh The said polythene packet was allegedly picked up from the ground and @ Manna. The said polythene packet was allegedly picked up from the ground and The said polythene packet was allegedly picked up from the ground and The said polythene packet was allegedly picked up from the ground and 200 grams of the petitioner allegedly stated that it contained heroin. On search, 200 grams of the petitioner allegedly stated that it contained heroin. On search, the petitioner allegedly stated that it contained heroin. On search, heroin, a .30 bore loaded pistol .30 bore loaded pistol, and five live cartridges were allegedly recovered. five live cartridges were allegedly recovered. On this basis, the present FIR was registered. On this basis, the present FIR was registered.

3. accused During investigation, on the disclosure statement of co-accused During investigation, on the disclosure statement of co During investigation, on the disclosure statement of co Jobanjit Singh, Navalpreet Singh and Ramaneet Singh Jobanjit Singh, minated as co- Ramaneet Singh were nominated as co accused. A Hyundai Aura car Hyundai Aura car and ₹9,00,000/- allegedly constituting drug money allegedly constituting drug money Further, on the disclosure statements of Navalpreet were recovered from them. Further, on the disclosure statements of Navalpreet Further, on the disclosure statements of Navalpreet were recovered from them. was also nominated Singh @ Goldy and Ramneet Singh @ Raman, Lalit Sharma was also nominated Singh @ Goldy and Ramneet Singh @ Raman, Singh @ Goldy and Ramneet Singh @ Raman, and ₹20,000/- along with a along with a money counting machine was allegedly recovered from money counting machine was allegedly recovered from his possession.

4. Learned counsel for the petitioner submits that the petitioner has been Learned counsel for the petitioner submits that the petitioner has been Learned counsel for the petitioner submits that the petitioner has been Learned counsel for the petitioner submits that the petitioner has been It is contended that the alleged recovery has falsely implicated in the present case. It is contended that the alleged recovery has It is contended that the alleged recovery has falsely implicated been planted and the petitioner was not in and the petitioner was not in conscious possession of the contraband. conscious possession of the contraband. 200 grams of heroin, It is further submitted that the quantity allegedly recovered is 200 grams of heroin It is further submitted that the quantity allegedly recovered is It is further submitted that the quantity allegedly recovered is which falls within the intermediate quantity, and therefore the rigours of which falls within the Section , and therefore the rigours of Section Learned counsel further submits that the 37 of the NDPS Act are not attracted. Learned counsel further submits that the Learned counsel further submits that the 37 of the NDPS petitioner has been in custody since 06.03.2025 petitioner has been in , the investigation is complete, and custody since 06.03.2025, the investigation is complete, and the challan has already been presented challan has already been presented before the trial Court. It is also argued that before the trial Court. It is also argued that the trial is likely to to conclude, as there are multiple trial is likely to take considerable time to conclude, as there are multiple to conclude, as there are multiple Learned counsel further argued accused persons and several prosecution witnesses. Learned counsel further argued accused persons and several prosecution witnesses. accused persons and several prosecution witnesses. TRIPTI SAINI 2026.03.07 12:29 I attest to the accuracy and integrity of this document CRM-M-47895- -2025 (O&M) -3- accused, namely, Lalit Sharma @ Lalit, Manpreet Singh @ Manna, that co-accused, namely, Lalit Sharma @ Lalit, Manpreet Singh @ Manna, accused, namely, Lalit Sharma @ Lalit, Manpreet Singh @ Manna, accused, namely, Lalit Sharma @ Lalit, Manpreet Singh @ Manna, Navalpreet Singh @ Goldi, Ramneet Singh @ Ra Navalpreet Singh @ Goldi man and Taufiq Khan @ Bablu , Ramneet Singh @ Raman and Taufiq Khan @ Bablu ordinate Bench of have already been granted the concession of regular bail by a co-ordinate Bench of have already been granted the concession of regular bail have already been granted the concession of regular bail Thus, it is prayed that the petitioner may be granted the concession of this Court. Thus, it is prayed that the petitioner may be granted the concession of Thus, it is prayed that the petitioner may be granted the concession of Thus, it is prayed that the petitioner may be granted the concession of regular bail.

5. learned State counsel has filed the custody certificate, Per contra, learned State counsel has filed the custody certificate, learned State counsel has filed the custody certificate, Per contra, which is taken on record. Learned State counsel opposes the prayer for grant of which is taken on record. Learned State counsel opposes the prayer for grant of which is taken on record. Learned State counsel opposes the prayer for grant of which is taken on record. Learned State counsel opposes the prayer for grant of regular bail to the petitioner and submits that the allegations levelled against the regular bail to the petitioner and submits that the allegations levelled against the regular bail to the petitioner and submits that the allegations levelled against the regular bail to the petitioner and submits that the allegations levelled against the petitioner are serious in nature as they relate to offences under the petitioner are serious in nature a Narcotic Drugs s they relate to offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 as well as the and Psychotropic Substances Act, 1985 It is further as well as the Arms Act. It is further contended that the petitioner was apprehended at the spot and from his possession contended that the petitioner was apprehended at the spot and from his possession contended that the petitioner was apprehended at the spot and from his possession contended that the petitioner was apprehended at the spot and from his possession 200 grams of heroin, along with a .30 bore loa 200 grams of heroin ded pistol and five live cartridges, .30 bore loaded pistol and five live cartridges were allegedly recovered. Learned State counsel submits that the recovery of were allegedly recovered. Learned State counsel submits that the recovery of were allegedly recovered. Learned State counsel submits that the recovery of were allegedly recovered. Learned State counsel submits that the recovery of narcotic substance coupled with a firearm indicates the gravity of the offence and, narcotic substance coupled with a firearm indicates the gravity of the offence and, narcotic substance coupled with a firearm indicates the gravity of the offence and, narcotic substance coupled with a firearm indicates the gravity of the offence and, However, learned therefore, the petitioner does not deserve the concession of bail. However, learned therefore, the petitioner does not deserve the concession therefore, the petitioner does not deserve the concession State counsel does not dispute that the quantity allegedly recovered from the State counsel does not dispute that the quantity allegedly recovered from the State counsel does not dispute that the quantity allegedly recovered from the State counsel does not dispute that the quantity allegedly recovered from the petitioner falls within the intermediate quantity petitioner falls within the . It is also not disputed that the intermediate quantity. It is also not disputed that the petitioner has been in custody since 06.03.2025 petitioner has been in custody since , the investigation in the present 06.03.2025, the investigation in the present case stands completed and the challan has already been presented case stands completed and the before the challan has already been presented before the trial is likely to take some learned trial Court. It is also fairly conceded that the trial is likely to take some learned trial Court. It is also fairly conceded that the learned trial Court. It is also fairly conceded that the to conclude. time to conclude.

6. parties and have gone through the I have heard learned counsel for the parties and have gone through the I have heard learned counsel for the I have heard learned counsel for the record of the case. record of the case.

7. . The alleged The petitioner has been in custody since 06.03.2025. The alleged The petitioner has been in custody since The petitioner has been in custody since recovery effected from the petitioner is 200 grams of heroin recovery effected from the petitioner is , which falls within the 200 grams of heroin, which falls within the TRIPTI SAINI 2026.03.07 12:29 I attest to the accuracy and integrity of this document CRM-M-47895- -2025 (O&M) -4- intermediate quantity under the provisions of th intermediate quantity e NDPS Act. Consequently, the under the provisions of the NDPS Act. Consequently, the rigours of Section 37 of the NDPS Act would not strictly apply in the present case. Section 37 of the NDPS Act would not strictly apply in the present case. would not strictly apply in the present case. investigation in the present case stands completed It is also not in dispute that the investigation in the present case stands completed investigation in the present case stands completed It is also not in dispute that the and the challan has already been presented challan has already been presented before the le arned trial Court. The before the learned trial Court. The conclusion of trial is likely to take a considerable period of time conclusion of trial is likely to take a , particularly in considerable period of time, particularly in view of the number of accused persons involved and the witnesses yet to be view of the number of accused persons involved and the witnesses yet to be view of the number of accused persons involved and the witnesses yet to be view of the number of accused persons involved and the witnesses yet to be examined.

8. , and Without expressing any opinion on the merits of the case, and Without expressing any opinion on the Without expressing any opinion on the considering the period of custody, the nature of allegations considering the the stage of trial, period of custody, the nature of allegations and the stage of trial this Court is of the view that further incarceration of the petitioner would not serve this Court is of the view that further incarceration of the petitioner would not serve this Court is of the view that further incarceration of the petitioner would not serve this Court is of the view that further incarceration of the petitioner would not serve any useful purpose. any useful purpose.

9. Jashanpreet Consequently, the present petition is allowed. Petitioner Jashanpreet Consequently, the present petition is Consequently, the present petition is Singh @ Giani is ordered to be released on regular bail , subject to his furnishing released on regular bail, subject to his furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court/Duty bail bonds and surety bonds to the satisfaction of the learned trial Court/Duty bail bonds and surety bonds to the satisfaction of the learned trial Court/Duty bail bonds and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned. Magistrate concerned

10. However, it is made clear that any observation However, it is made clear that made hereinabove any observation made hereinabove and the shall not be construed as an expression of opinion on the merits of the case, and the shall not be construed as an expression of opinion on the merits of the case shall not be construed as an expression of opinion on the merits of the case learned trial Court shall proceed with the trial independently and in accordance learned trial Court shall proceed with the trial independently and in accordance learned trial Court shall proceed with the trial independently and in accordance learned trial Court shall proceed with the trial independently and in accordance with law.

11. stands disposed of. All pending miscellaneous application(s), if any, stands disposed of. All pending miscellaneous application(s), if any, All pending miscellaneous application(s), if any, March 07, 2026 tripti Whether speaking/non Whether speaking/non-speaking : Speaking Whether reportable Whether reportable : Yes/No (MANDEEP PANNU) JUDGE TRIPTI SAINI 2026.03.07 12:29 I attest to the accuracy and integrity of this document