CRM-M-57309 v. State of Punjab

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

1. filed under Section 483 of the Bharatiya This is the first petition filed under Section 483 of the Bharatiya filed under Section 483 of the Bharatiya This is the first petition Nagarik Suraksha Sanhita, 2023 (erstwhile Section 439 Cr.P.C.) for the grant of Nagarik Suraksha Sanhita, 2023 (erstwhile Section 439 Cr.P.C.) for the grant of Nagarik Suraksha Sanhita, 2023 (erstwhile Section 439 Cr.P.C.) for the grant of Nagarik Suraksha Sanhita, 2023 (erstwhile Section 439 Cr.P.C.) for the grant of regular bail to the petitioner in case arising out of FIR No. 52 dated 08.04.2025, regular bail to the petitioner in case arising out of FIR No. 52 dated 08.04.2025, regular bail to the petitioner in case arising out of FIR No. 52 dated 08.04.2025, regular bail to the petitioner in case arising out of FIR No. 52 dated 08.04.2025, registered under Sections 21-C, 29 and 25 of the NDP registered under Sections 21 S Act, 1985 and Section 111 C, 29 and 25 of the NDPS Act, 1985 and Section 111 of the Bharatiya Nyaya Sanhita, 2023 at Police Station Cantonment, Amritsar. of the Bharatiya Nyaya Sanhita, 2023 at Police Station Cantonment, Amritsar. of the Bharatiya Nyaya Sanhita, 2023 at Police Station Cantonment, Amritsar.

2. As per the case of the prosecution, on 08.04.2025, ASI Tejbir Singh As per the case of the prosecution, on 08.04.2025, ASI Tejbir Singh As per the case of the prosecution, on 08.04.2025, ASI Tejbir Singh As per the case of the prosecution, on 08.04.2025, ASI Tejbir Singh Dev along with other police officials was present near the back gate of Guru Nanak Dev along with other police officials was present near the back gate of Guru Nanak along with other police officials was present near the back gate of Guru Nanak University in connection with VIP duty when he received secret information that University in connection with VIP duty when he received secret information that University in connection with VIP duty when he received secret information that University in connection with VIP duty when he received secret information that accused Manpreet Singh @ Mota, Jashanpreet Singh @ Raja and one other accused Manpreet Singh @ Mota, Jashanpreet Singh @ Raja and one other accused Manpreet Singh @ Mota, Jashanpreet Singh @ Raja and one other accused Manpreet Singh @ Mota, Jashanpreet Singh @ Raja and one other associate, who were allegedly involved in the illegal business of arms and associate, who were allegedly involved in the illegal business of arms and associate, who were allegedly involved in the illegal business of arms and associate, who were allegedly involved in the illegal business of arms and ammunition, were travelling from India Gate towards Verka ammunition, were travelling in a Swift from India Gate towards Verka Byepass in a Swift 5246 and that if immediate action was Dzire car bearing registration No. DL-6-CP-5246 and that if immediate action was 5246 and that if immediate action was Dzire car bearing registration No. DL handed. Treating the information to be taken they could be apprehended red-handed. Treating the information to be handed. Treating the information to be taken they could be apprehended red ed the said vehicle, whereupon reliable, the police party acted promptly and chased the said vehicle, whereupon reliable, the police party acted promptly and chas reliable, the police party acted promptly and chas the aforesaid accused persons, namely Manpreet Singh @ Mota, Jashandeep Singh the aforesaid accused persons, namely Manpreet Singh @ Mota, Jashandeep Singh the aforesaid accused persons, namely Manpreet Singh @ Mota, Jashandeep Singh the aforesaid accused persons, namely Manpreet Singh @ Mota, Jashandeep Singh TRIPTI SAINI 2026.02.23 16:23 I attest to the accuracy and integrity of this document CRM-M-57309- -2025 (O&M) -2- @ Raja and Dilsher Singh, were apprehended and a recovery of 316 grams of @ Raja and Dilsher Singh, were apprehended and a recovery of 316 grams of @ Raja and Dilsher Singh, were apprehended and a recovery of 316 grams of @ Raja and Dilsher Singh, were apprehended and a recovery of 316 grams of heroin was effected from them. heroin was effected from them.

3. that during interrogation, the present It is further the prosecution case that during interrogation, the present that during interrogation, the present It is further the prosecution case Gagandeep Singh @ Jagdeep Singh @ Jagga was nominated as an petitioner Gagandeep Singh @ Jagdeep Singh @ Jagga was nominated as an Gagandeep Singh @ Jagdeep Singh @ Jagga was nominated as an Gagandeep Singh @ Jagdeep Singh @ Jagga was nominated as an accused in the present case on the basis of the disclosure statement made by the co- accused in the present case on the basis of the disclosure statement made by the co accused in the present case on the basis of the disclosure statement made by the co accused in the present case on the basis of the disclosure statement made by the co accused.

4. he present petitioner Learned counsel for the petitioner contends that the present petitioner Learned counsel for the petitioner contends that t Learned counsel for the petitioner contends that t has been falsely implicated in the case. It is submitted that the petitioner is neither has been falsely implicated in the case. It is submitted that the petitioner is neither has been falsely implicated in the case. It is submitted that the petitioner is neither has been falsely implicated in the case. It is submitted that the petitioner is neither named in the secret information nor in the FIR, and he was not apprehended at the named in the secret information nor in the FIR, and he was not apprehended at the named in the secret information nor in the FIR, and he was not apprehended at the named in the secret information nor in the FIR, and he was not apprehended at the effected from the spot. It is further argued that no recovery whatsoever has been effected from the spot. It is further argued that no recovery whatsoever has been spot. It is further argued that no recovery whatsoever has been petitioner and that the alleged recovery, if any, was effected only from the co- petitioner and that the alleged recovery, if any, was effected only from the co petitioner and that the alleged recovery, if any, was effected only from the co petitioner and that the alleged recovery, if any, was effected only from the co accused persons. Learned counsel submits that the petitioner has merely been accused persons. Learned counsel submits that the petitioner has merely been accused persons. Learned counsel submits that the petitioner has merely been accused persons. Learned counsel submits that the petitioner has merely been alleged supplier of nominated in the disclosure statement of the co-accused as an alleged supplier of nominated in the disclosure statement of the co nominated in the disclosure statement of the co however, there is no independent or corroborative evidence on record contraband, however, there is no independent or corroborative evidence on record however, there is no independent or corroborative evidence on record however, there is no independent or corroborative evidence on record to connect the present petitioner with the main accused, namely Jashandeep Singh to connect the present petitioner with the main accused, namely Jashandeep Singh to connect the present petitioner with the main accused, namely Jashandeep Singh to connect the present petitioner with the main accused, namely Jashandeep Singh or Manpreet Singh, from whose possession the recovery has been effected. On or Manpreet Singh, from whose possession the recovery has been effected. On or Manpreet Singh, from whose possession the recovery has been effected. On or Manpreet Singh, from whose possession the recovery has been effected. On is prayed that the petitioner deserves the concession of regular these grounds, it is prayed that the petitioner deserves the concession of regular is prayed that the petitioner deserves the concession of regular these grounds, it bail.

5. On the other hand, learned State counsel opposes the bail application On the other hand, learned State counsel opposes the bail application On the other hand, learned State counsel opposes the bail application On the other hand, learned State counsel opposes the bail application and submits that the recovery involved in the present case is of commercial and submits that the recovery involved in the present case is of commercial and submits that the recovery involved in the present case is of commercial and submits that the recovery involved in the present case is of commercial accused and from the car in question. It is quantity, which was effected from the co-accused and from the car in question. It is accused and from the car in question. It is quantity, which was effected from further submitted that as many as five other FIRs are stated to be registered against further submitted that as many as five other FIRs are stated to be registered against further submitted that as many as five other FIRs are stated to be registered against further submitted that as many as five other FIRs are stated to be registered against the present petitioner and he is alleged to be a habitual offender involved in drug the present petitioner and he is alleged to be a habitual offender involved in drug the present petitioner and he is alleged to be a habitual offender involved in drug the present petitioner and he is alleged to be a habitual offender involved in drug is fairly conceded that apart from the disclosure trafficking activities. However, it is fairly conceded that apart from the disclosure is fairly conceded that apart from the disclosure trafficking activities. However, it accused, no other independent link evidence has surfaced statement of the co-accused, no other independent link evidence has surfaced accused, no other independent link evidence has surfaced statement of the co TRIPTI SAINI 2026.02.23 16:23 I attest to the accuracy and integrity of this document CRM-M-57309- -2025 (O&M) -3- during investigation so far to directly connect the present petitioner with the co- during investigation so far to directly connect the present petitioner with the co during investigation so far to directly connect the present petitioner with the co during investigation so far to directly connect the present petitioner with the co present case. accused or with the recovery effected in the present case. accused or with the recovery effected in the

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

7. Admittedly, the petitioner is neither named in the secret information Admittedly, the petitioner is neither named in the secret information Admittedly, the petitioner is neither named in the secret information Admittedly, the petitioner is neither named in the secret information that no nor in the FIR, nor was he apprehended at the spot. It is also not disputed that no nor in the FIR, nor was he apprehended at the spot. It is also not disputed nor in the FIR, nor was he apprehended at the spot. It is also not disputed recovery has been effected from the petitioner. His implication in the present case recovery has been effected from the petitioner. His implication in the present case recovery has been effected from the petitioner. His implication in the present case recovery has been effected from the petitioner. His implication in the present case accused, wherein he has is solely on the basis of the disclosure statement of the co-accused, wherein he has is solely on the basis of the disclosure statement of the co is solely on the basis of the disclosure statement of the co been alleged to be the supplier of contraband. It is well settled that a disclosure been alleged to be the supplier of contraband. It is well settled that a discl been alleged to be the supplier of contraband. It is well settled that a discl accused, in the absence of independent corroboration, has weak statement of a co-accused, in the absence of independent corroboration, has weak accused, in the absence of independent corroboration, has weak statement of a co evidentiary value at the stage of bail, particularly when no recovery has been evidentiary value at the stage of bail, particularly when no recovery has been evidentiary value at the stage of bail, particularly when no recovery has been evidentiary value at the stage of bail, particularly when no recovery has been effected from the accused so nominated. effected from the accused so nominated.

8. ly conceded that no Even otherwise, learned State counsel has fairly conceded that no Even otherwise, learned State counsel has fair Even otherwise, learned State counsel has fair other material has come on record during investigation to establish any direct other material has come on record during investigation to establish any direct other material has come on record during investigation to establish any direct other material has come on record during investigation to establish any direct nexus between the present petitioner and the main accused or with the recovered nexus between the present petitioner and the main accused or with the recovered nexus between the present petitioner and the main accused or with the recovered nexus between the present petitioner and the main accused or with the recovered contraband. Though it has been argued that other FIRs are registered against the contraband. Though it has been argued that other FIRs are registered against contraband. Though it has been argued that other FIRs are registered against contraband. Though it has been argued that other FIRs are registered against petitioner, it is equally settled that mere involvement in other cases cannot by itself petitioner, it is equally settled that mere involvement in other cases cannot by itself petitioner, it is equally settled that mere involvement in other cases cannot by itself petitioner, it is equally settled that mere involvement in other cases cannot by itself be a ground to deny bail in the present case, unless the prosecution is able to show be a ground to deny bail in the present case, unless the prosecution is able to show be a ground to deny bail in the present case, unless the prosecution is able to show be a ground to deny bail in the present case, unless the prosecution is able to show specific material connecting the accused with the crime under consideration. specific material connecting the accused with the crime under consideration. specific material connecting the accused with the crime under consideration.

9. The Hon'ble Supreme Court while dealing with a plea for grant of The Hon'ble Supreme Court while dealing with a plea for grant of The Hon'ble Supreme Court while dealing with a plea for grant of The Hon'ble Supreme Court while dealing with a plea for grant of Vijay anticipatory bail in a case under NDPS Act, 1985; in a judgment titled as ‘Vijay anticipatory bail in a case under NDPS Act, 1985; in a judgment titled as ‘ anticipatory bail in a case under NDPS Act, 1985; in a judgment titled as ‘ Singh vs. The State of Haryana’, bearing Special Leave to Appeal (Crl.) No.(s) Singh vs. The State of Haryana’, bearing Special Leave to Appeal (Crl.) No.(s) Singh vs. The State of Haryana’, bearing Special Leave to Appeal (Crl.) No.(s) Singh vs. The State of Haryana’, bearing Special Leave to Appeal (Crl.) No.(s) ' has held as under: 1266/2023 decided on 17.05.2023' has held as under: 1266/2023 decided on "The petitioner is alleged to have committed offences under Sections 15 "The petitioner is alleged to have committed offences under Sections 15 "The petitioner is alleged to have committed offences under Sections 15 "The petitioner is alleged to have committed offences under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 TRIPTI SAINI 2026.02.23 16:23 I attest to the accuracy and integrity of this document CRM-M-57309- -2025 (O&M) -4- (hereinafter called the NDPS Act)". His application for anticipatory bail (hereinafter called the NDPS Act)". His application for anticipatory bail (hereinafter called the NDPS Act)". His application for anticipatory bail (hereinafter called the NDPS Act)". His application for anticipatory bail was rejected by the High Court. was rejected The allegations in the FIR are that 1.7 Kg of Poppy Straw (Doda Post) The allegations in the FIR are that 1.7 Kg of Poppy Straw (Doda Post) The allegations in the FIR are that 1.7 Kg of Poppy Straw (Doda Post) The allegations in the FIR are that 1.7 Kg of Poppy Straw (Doda Post) accused. The petitioner concededly was not was recovered from the co-accused. The petitioner concededly was not accused. The petitioner concededly was not was recovered from the co accused. That apart there is present at the spot but was named by the co-accused. That apart there is present at the spot but was named by the co present at the spot but was named by the co plicate the petitioner. The prosecution urges that no other material to implicate the petitioner. The prosecution urges that plicate the petitioner. The prosecution urges that no other material to im another case with allegations of commission of offence under the NDPS another case with allegations of commission of offence under the NDPS another case with allegations of commission of offence under the NDPS another case with allegations of commission of offence under the NDPS Act are pending against the petitioner. It is not denied that in those Act are pending against the petitioner. It is not denied that in those Act are pending against the petitioner. It is not denied that in those Act are pending against the petitioner. It is not denied that in those ances, proceedings he was granted bail. Having regard to these circumstances, proceedings he was granted bail. Having regard to these circumst proceedings he was granted bail. Having regard to these circumst the petitioner is directed to the enlarged on anticipatory bail, subject to the petitioner is directed to the enlarged on anticipatory bail, subject to the petitioner is directed to the enlarged on anticipatory bail, subject to the petitioner is directed to the enlarged on anticipatory bail, subject to such terms and conditions as the trial Court may impose. The petition is such terms and conditions as the trial Court may impose. The petition is such terms and conditions as the trial Court may impose. The petition is such terms and conditions as the trial Court may impose. The petition is allowed.” allowed.”

10. 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 more criminal case, reference is placed upon the petitioner is involved in one more criminal case, reference is placed upon the more criminal case, reference is placed upon the petitioner is involved in one Maulana Mohd. Amir Rashadi Vs. State judgment of the Hon'ble Supreme Court in ‘Maulana Mohd. Amir Rashadi Vs. State Maulana Mohd. Amir Rashadi Vs. State judgment of the Hon'ble Supreme Court in ‘