Gurpreet Singh alias Sagar v. State of Punjab

MANDEEP PANNU HON'BLE MS. JUSTICE MANDEEP PANNU Present: Harpreet S. Rakhra, Advocate and Mr. Harpreet S. Rakhra, Advocate and Mr. , Advocate for the petitioner. Ms. Gurvinder Kaur, Advocate for the petitioner. Ms. Gurvinder Kaur Mr. Sahil Chowdhary, AAG Punjab. Mr. Sahil Chowdhary, AAG Punjab. Mr. Sahil Chowdhary, AAG Punjab. -.- MANDEEP PANNU J. (Oral) MANDEEP PANNU J.

for grant of The present petition has been filed by the petitioner for grant of The present petition has been filed by the petitioner The present petition has been filed by the petitioner B/27- regular bail in case FIR No. 64 dated 17.05.2025, under Sections 21-B/27 regular bail in case FIR No. 64 dated 17.05.2025, under Sections 21 regular bail in case FIR No. 64 dated 17.05.2025, under Sections 21 A/29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985, A/29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985, A/29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985, A/29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Sulwanwind, District Amritsar. registered at Police Station Sulwanwind, District Amritsar. registered at Police Station

Briefly stated the facts of the case are that in the present case, accused Briefly stated the facts of the case are that in the present case, accused Briefly stated the facts of the case are that in the present case, accused Briefly stated the facts of the case are that in the present case, accused Gurpreet Singh alias Sagar was nominated on the basis of the disclosure statement Gurpreet Singh alias Sagar was nominated on the basis of the disclosure statement Gurpreet Singh alias Sagar was nominated on the basis of the disclosure statement Gurpreet Singh alias Sagar was nominated on the basis of the disclosure statement of co-accused S accused Sauravpreet Singh. The petitioner was arrested on

21.05.2025. From uravpreet Singh. The petitioner was arrested on 21.05.2025. From as drug money were his alleged possession, 06 grams of heroin and Rs. 800/- as drug money were his alleged possession, 06 grams of heroin and Rs. 800/ his alleged possession, 06 grams of heroin and Rs. 800/ It is further the case of the prosecution that 32.40 grams of heroin and recovered. It is further the case of the prosecution that 32.40 grams of heroin and It is further the case of the prosecution that 32.40 grams of heroin and It is further the case of the prosecution that 32.40 grams of heroin and uravpreet Singh. as drug money were recovered from the co-accused Sauravpreet Singh. as drug money were recovered from the co Rs. 1000/- as drug money were recovered from the co A/61/85 of the NDPS Act Initially, the FIR was registered under Sections 21-B/27-A/61/85 of the NDPS Act Initially, the FIR was registered under Sections 21 Initially, the FIR was registered under Sections 21 and subsequently Section 29 of the NDPS Act was added later on vide DDR No. and subsequently Section 29 of the NDPS Act was added later on vide DDR No. and subsequently Section 29 of the NDPS Act was added later on vide DDR No. and subsequently Section 29 of the NDPS Act was added later on vide DDR No. 37 dated 19.05.2025. 37 dated 19.05.2025. TRIPTI SAINI 2026.02.26 10:09 I attest to the accuracy and integrity of this document CRM-M-48057- -2026 (O&M) -2-

It is contended by learned counsel for the It is contended by petitioner that petitioner is learned counsel for the petitioner that petitioner is n custody in the present case since 21.05.2025 and is no longer required for any in custody in the present case since 21.05.2025 and is no longer required for any n custody in the present case since 21.05.2025 and is no longer required for any n custody in the present case since 21.05.2025 and is no longer required for any purpose of investigation or enquiry, as he is presently in judicial custody. At the purpose of investigation or enquiry, as he is presently in judicial custody. At the purpose of investigation or enquiry, as he is presently in judicial custody. At the purpose of investigation or enquiry, as he is presently in judicial custody. At the time of the alleged arrest, the police did not opt to conduct their own search to rule time of the alleged arrest, the police did not opt to conduct their own search to rule time of the alleged arrest, the police did not opt to conduct their own search to rule time of the alleged arrest, the police did not opt to conduct their own search to rule the possibility of false implication, rendering the search vitiated and the alleged out the possibility of false implication, rendering the search vitiated and the alleged the possibility of false implication, rendering the search vitiated and the alleged the possibility of false implication, rendering the search vitiated and the alleged recovery doubtful, thereby taking the case outside the rigours of Section 37 of the recovery doubtful, thereby taking the case outside the rigours of Section 37 of the recovery doubtful, thereby taking the case outside the rigours of Section 37 of the recovery doubtful, thereby taking the case outside the rigours of Section 37 of the NDPS Act.

he custody certificate, which is taken Learned State counsel has filed the custody certificate, which is taken he custody certificate, which is taken Learned State counsel has on record and op opposed the grant of regular bail. He submitted that the petitioner is posed the grant of regular bail. He submitted that the petitioner is involved in a serious offence under the NDPS Act. It is contended that the involved in a serious offence under the NDPS Act. It is contended that the involved in a serious offence under the NDPS Act. It is contended that the involved in a serious offence under the NDPS Act. It is contended that the petitioner was arrested during investigation and, in his voluntary disclosure petitioner was arrested during investigation and, in his voluntary disclosure petitioner was arrested during investigation and, in his voluntary disclosure petitioner was arrested during investigation and, in his voluntary disclosure roin and statement dated 22.05.2025, admitted his involvement in the sale of heroin and statement dated 22.05.2025, admitted his involvement in the sale of he statement dated 22.05.2025, admitted his involvement in the sale of he disclosed that he had purchased 39 grams of heroin, out of which a substantial disclosed that he had purchased 39 grams of heroin, out of which a substantial disclosed that he had purchased 39 grams of heroin, out of which a substantial disclosed that he had purchased 39 grams of heroin, out of which a substantial TRIPTI SAINI 2026.02.26 10:09 I attest to the accuracy and integrity of this document CRM-M-48057- -2026 (O&M) -3- accused. Pursuant to the said disclosure statement, 06 quantity was sold to the co-accused. Pursuant to the said disclosure statement, 06 accused. Pursuant to the said disclosure statement, 06 quantity was sold to the co as drug money were recovered from his possession. grams of heroin and Rs. 800/- as drug money were recovered from his possession. as drug money were recovered from his possession. grams of heroin and Rs. 800/

Learned has further argued that the petitioner has earned State counsel has further argued that the petitioner has has further argued that the petitioner has criminal antecedents, as he is involved in other cases registered at Police Station criminal antecedents, as he is involved in other cases registered at Police Station criminal antecedents, as he is involved in other cases registered at Police Station criminal antecedents, as he is involved in other cases registered at Police Station Sultanwind, Amritsar, including one under the NDPS Act, which reflects his Sultanwind, Amritsar, including one under the NDPS Act, which reflects his Sultanwind, Amritsar, including one under the NDPS Act, which reflects his Sultanwind, Amritsar, including one under the NDPS Act, which reflects his offences. It is submitted that considering the propensity to indulge in similar offences. It is submitted that considering the offences. It is submitted that considering the propensity to indulge in similar gravity of the allegations, his past involvement, and the likelihood of repeating the gravity of the allegations, his past involvement, and the likelihood of repeating the gravity of the allegations, his past involvement, and the likelihood of repeating the gravity of the allegations, his past involvement, and the likelihood of repeating the offence, he does not deserve the concession of bail at this stage. offence, he does not deserve the concession of bail at this stage. offence, he does not deserve the concession of bail at this stage.

used the record, Having heard learned counsel for the parties and perused the record, Having heard learned counsel for the parties and per Having heard learned counsel for the parties and per this Court is of the considered view that the petitioner deserves the concession of this Court is of the considered view that the petitioner deserves the concession of this Court is of the considered view that the petitioner deserves the concession of this Court is of the considered view that the petitioner deserves the concession of regular bail. The recovery allegedly effected from the petitioner is 06 grams of regular bail. The recovery allegedly effected from the petitioner is 06 grams of regular bail. The recovery allegedly effected from the petitioner is 06 grams of regular bail. The recovery allegedly effected from the petitioner is 06 grams of ity. The heroin, which admittedly falls within the category of non-commercial quantity. The heroin, which admittedly falls within the category of non heroin, which admittedly falls within the category of non petitioner has primarily been nominated on the basis of the disclosure statement of petitioner has primarily been nominated on the basis of the disclosure statement of petitioner has primarily been nominated on the basis of the disclosure statement of petitioner has primarily been nominated on the basis of the disclosure statement of accused, from whose possession 32.40 grams of heroin is stated to have the co-accused, from whose possession 32.40 grams of heroin is stated to have accused, from whose possession 32.40 grams of heroin is stated to have accused, from whose possession 32.40 grams of heroin is stated to have been recovered. The evidentiary value of such disclosure statement is a matter to been recovered. The evidentiary value of such disclosure statement is a matter to been recovered. The evidentiary value of such disclosure statement is a matter to been recovered. The evidentiary value of such disclosure statement is a matter to tested during trial. be tested during trial.

So far as the criminal antecedents of the petitioner are concerned, So far as the criminal antecedents of the petitioner are concerned, So far as the criminal antecedents of the petitioner are concerned, So far as the criminal antecedents of the petitioner are concerned, reference has been made to FIR No. 41 dated 27.03.2024 under Section 379-B reference has been made to FIR No. 41 dated 27.03.2024 under Section 379 reference has been made to FIR No. 41 dated 27.03.2024 under Section 379 reference has been made to FIR No. 41 dated 27.03.2024 under Section 379 B(2) IPC, FIR No. 91 dated IPC, FIR No. 48 dated 09.04.2024 under Section 379-B(2) IPC, FIR No. 91 dated IPC, FIR No. 48 dated 09.04.2024 under Section 379 IPC, FIR No. 48 dated 09.04.2024 under Section 379 under Section 21 of the NDPS Act and DDR No. 30 dated 05.12.2024 01.08.2024 under Section 21 of the NDPS Act and DDR No. 30 dated 05.12.2024 under Section 21 of the NDPS Act and DDR No. 30 dated 05.12.2024 under Section 21 of the NDPS Act and DDR No. 30 dated 05.12.2024 under Sections 129/170 BNSS, all registered at Police Station Sultanwind, under Sections 129/170 BNSS, all registered at Police Station Sultanwind, under Sections 129/170 BNSS, all registered at Police Station Sultanwind, under Sections 129/170 BNSS, all registered at Police Station Sultanwind, Amritsar. Mere pendency of other cases, without any conviction, cannot by itself Amritsar. Mere pendency of other cases, without any conviction, cannot by itself Amritsar. Mere pendency of other cases, without any conviction, cannot by itself Amritsar. Mere pendency of other cases, without any conviction, cannot by itself sion of bail in the present case, particularly be made a ground to deny the concession of bail in the present case, particularly sion of bail in the present case, particularly be made a ground to deny the conces when the recovery effected from the petitioner is of non-commercial quantity. when the recovery effected from the petitioner is of non when the recovery effected from the petitioner is of non

As As As As regards regards regards regards submission of submission of submission of submission of learned State learned State learned State learned State counsel counsel counsel counsel petitioner is involved in more criminal cases, reference is placed upon petitioner is involved in the judgment of , reference is placed upon the judgment of TRIPTI SAINI 2026.02.26 10:09 I attest to the accuracy and integrity of this document CRM-M-48057- -2026 (O&M) -4- Maulana Mohd. Amir Rashadi Vs. State of U.P. and the Hon'ble Supreme Court in ‘Maulana Mohd. Amir Rashadi Vs. State of U.P. and Maulana Mohd. Amir Rashadi Vs. State of U.P. and the Hon'ble Supreme Court in ‘