Sabaj Singh v. State of Punjab
Case at a glance
- Decided
- 23 Feb 2026
- Bench
- MANDEEP PANNU
Outcome
Bail refused
Accordingly, the present petition for grant of regular bail is dismissed
Provisions considered
Key paragraphs
- Para 1313. f. All pending miscellaneous application(s), if any, stands disposed of. All pending miscellaneous application(s), if any, stands disposed o All pending miscellaneous application(s), if any, stands disposed o February 23, 202 tripti , 2026 Whether speaking/non Whether speaking/non-speaking : Speaking Whether reportable Whether reportable…
Judgment
MANDEEP PANNU HON'BLE MS. JUSTICE MANDEEP PANNU Present: , Sr. Advocate with Mr. Jasdeep S. Gill, Sr. Advocate with Mr. Advocate for the petitioner. Ms. Harleen Kaur, Advocate for the petitioner. Ms. Harleen Kaur, Mr. Sahil Chowdhary, AAG Punjab. Mr. Sahil Chowdhary, AAG Punjab. Mr. Sahil Chowdhary, AAG Punjab. -.- MANDEEP PANNU J. (Oral) MANDEEP PANNU J.
present first petition has been filed under Section 483 of the The present first petition has been filed under Section 483 of the present first petition has been filed under Section 483 of the The Bharatiya Nagarik Suraksha Sanhita, 2023, praying for the grant of regular bail to Bharatiya Nagarik Suraksha Sanhita, 2023, praying for the grant of regular bail to Bharatiya Nagarik Suraksha Sanhita, 2023, praying for the grant of regular bail to Bharatiya Nagarik Suraksha Sanhita, 2023, praying for the grant of regular bail to the petitioner in FIR No. 142 dated 31.12.2024, registered under Sections 21(C), the petitioner in FIR No. 142 dated 31.12.2024, registered under Sections 21(C), the petitioner in FIR No. 142 dated 31.12.2024, registered under Sections 21(C), the petitioner in FIR No. 142 dated 31.12.2024, registered under Sections 21(C), 985, at Police Station Khemkaran, District Tarn 61, and 85 of the NDPS Act, 1985, at Police Station Khemkaran, District Tarn 985, at Police Station Khemkaran, District Tarn 61, and 85 of the NDPS Act, 1 Taran, Punjab.
As per the prosecution version, on 31.12.2024 the police party, while As per the prosecution version, on 31.12.2024 the police party, while As per the prosecution version, on 31.12.2024 the police party, while As per the prosecution version, on 31.12.2024 the police party, while patrolling in search of bad elements near Railway Crossing, Khemkaran, received patrolling in search of bad elements near Railway Crossing, Khemkaran, received patrolling in search of bad elements near Railway Crossing, Khemkaran, received patrolling in search of bad elements near Railway Crossing, Khemkaran, received a secret information that the present petitioner a secret information that the accused Sabaj Singh, son of etitioner-accused Sabaj Singh, son of shish Singh, had links with Pakistani smugglers and was engaged in Bakhshish Singh, had links with Pakistani smugglers and was engaged in shish Singh, had links with Pakistani smugglers and was engaged in shish Singh, had links with Pakistani smugglers and was engaged in procuring heroin from across the border and supplying the same in Tarn Taran and procuring heroin from across the border and supplying the same in Tarn Taran and procuring heroin from across the border and supplying the same in Tarn Taran and procuring heroin from across the border and supplying the same in Tarn Taran and sent in Grain other districts of Punjab.
It was further informed that he was present in Grain other districts of Punjab. It was further informed that he was pre other districts of Punjab. It was further informed that he was pre Market, Khemkaran, sitting in his Figo car and waiting for customers, and if a raid Market, Khemkaran, sitting in his Figo car and waiting for customers, and if a raid Market, Khemkaran, sitting in his Figo car and waiting for customers, and if a raid Market, Khemkaran, sitting in his Figo car and waiting for customers, and if a raid TRIPTI SAINI 2026.02.23 17:10 I attest to the accuracy and integrity of this document CRM-M-63079- -2025 (O&M) -2- was conducted, he could be apprehended along with a large quantity of contraband. was conducted, he could be apprehended along with a large quantity of contraband. was conducted, he could be apprehended along with a large quantity of contraband. was conducted, he could be apprehended along with a large quantity of contraband.
Acting upon the said information, the police party reached Grain Market, Acting upon the said information, the police party reached Grain Market, Acting upon the said information, the police party reached Grain Market, Acting upon the said information, the police party reached Grain Market, coloured Figo car mkaran, where one person was seen sitting inside a silver-coloured Figo car mkaran, where one person was seen sitting inside a silver Khemkaran, where one person was seen sitting inside a silver without a number plate. He was apprehended and disclosed his name as Sabaj without a number plate. He was apprehended and disclosed his name as Sabaj without a number plate. He was apprehended and disclosed his name as Sabaj without a number plate. He was apprehended and disclosed his name as Sabaj Singh (present petitoiner present petitoiner-accused). Upon personal search of the accused, one accused).
Upon personal search of the said accused, one taining 1 kilogram and 104 grams of heroin was recovered polythene envelope containing 1 kilogram and 104 grams of heroin was recovered taining 1 kilogram and 104 grams of heroin was recovered polythene envelope con from his possession. from his possession.
counsel for the petitioner has vehemently contended Learned senior counsel for the petitioner has vehemently contended counsel for the petitioner has vehemently contended Learned that there exists a serious lacuna in the case of the prosecution which strikes at the that there exists a serious lacuna in the case of the prosecution which strikes at the that there exists a serious lacuna in the case of the prosecution which strikes at the that there exists a serious lacuna in the case of the prosecution which strikes at the ter. It is argued that although the prosecution alleges recovery very root of the matter. It is argued that although the prosecution alleges recovery ter. It is argued that although the prosecution alleges recovery very root of the mat grams of heroin from the conscious possession of the petitioner, of 1 kilogram 104 grams of heroin from the conscious possession of the petitioner, grams of heroin from the conscious possession of the petitioner, of 1 kilogram 10 the mandatory procedural safeguards prescribed under the provisions of the NDPS the mandatory procedural safeguards prescribed under the provisions of the NDPS the mandatory procedural safeguards prescribed under the provisions of the NDPS the mandatory procedural safeguards prescribed under the provisions of the NDPS th. In particular, it is submitted that the petitioner Act have not been complied with. In particular, it is submitted that the petitioner th. In particular, it is submitted that the petitioner Act have not been complied wi was not properly informed of the grounds of arrest at the time of his apprehension, was not properly informed of the grounds of arrest at the time of his apprehension, was not properly informed of the grounds of arrest at the time of his apprehension, was not properly informed of the grounds of arrest at the time of his apprehension, nor were specific and actionable reasons supplied to him as required by law. nor were specific and actionable reasons supplied to him as required by law. nor were specific and actionable reasons supplied to him as required by law.
ission constitutes a clear Counsel further submits that such omission constitutes a clear Counsel further submits that such om Counsel further submits that such om violation of the mandatory provisions of Section 51(2) of the NDPS Act, which violation of the mandatory provisions of Section 51(2) of the NDPS Act, which violation of the mandatory provisions of Section 51(2) of the NDPS Act, which violation of the mandatory provisions of Section 51(2) of the NDPS Act, which casts a statutory obligation upon the investigating agency to communicate the casts a statutory obligation upon the investigating agency to communicate the casts a statutory obligation upon the investigating agency to communicate the casts a statutory obligation upon the investigating agency to communicate the It is grounds of arrest to the accused in a meaningful and intelligible manner. It is grounds of arrest to the accused in a meaningful and intelligible manner. grounds of arrest to the accused in a meaningful and intelligible manner. argued that compliance with these provisions is not a mere formality but a argued that compliance with these provisions is not a mere formality but a argued that compliance with these provisions is not a mere formality but a argued that compliance with these provisions is not a mere formality but a substantive safeguard intended to protect the constitutional rights of the accused, substantive safeguard intended to protect the constitutional rights of the accused, substantive safeguard intended to protect the constitutional rights of the accused, substantive safeguard intended to protect the constitutional rights of the accused, It is thus contended that the compliance thereof vitiates the arrest itself.
It is thus contended that the compliance thereof vitiates the arrest itself. and non-compliance thereof vitiates the arrest itself. re of the prosecution to adhere to these mandatory requirements renders the failure of the prosecution to adhere to these mandatory requirements renders the re of the prosecution to adhere to these mandatory requirements renders the re of the prosecution to adhere to these mandatory requirements renders the entire prosecution case doubtful and legally unsustainable. On this solitary ground entire prosecution case doubtful and legally unsustainable. On this solitary ground entire prosecution case doubtful and legally unsustainable. On this solitary ground entire prosecution case doubtful and legally unsustainable. On this solitary ground alone, the petitioner claims entitlement to the concession of bail, as continued alone, the petitioner claims entitlement to the concession of bail, as continued alone, the petitioner claims entitlement to the concession of bail, as continued alone, the petitioner claims entitlement to the concession of bail, as continued TRIPTI SAINI 2026.02.23 17:10 I attest to the accuracy and integrity of this document CRM-M-63079- -2025 (O&M) -3- face of such procedural illegality would amount to infringement of custody in the face of such procedural illegality would amount to infringement of face of such procedural illegality would amount to infringement of face of such procedural illegality would amount to infringement of his statutory and constitutional rights. his statutory and constitutional rights.
On the other hand, learned State counsel has opposed the prayer for On the other hand, learned State counsel has opposed the prayer for On the other hand, learned State counsel has opposed the prayer for On the other hand, learned State counsel has opposed the prayer for sion of regular bail and submitted that the petitioner is not entitled to the concession of regular bail and submitted that the petitioner is not entitled to the conces regular bail and submitted that the petitioner is not entitled to the conces bail as a heavy commercial quantity of contraband has been recovered from his bail as a heavy commercial quantity of contraband has been recovered from his bail as a heavy commercial quantity of contraband has been recovered from his bail as a heavy commercial quantity of contraband has been recovered from his 3) clearly conscious possession. It is contended that the arrest memo (Annexure P-3) clearly conscious possession.
It is contended that the arrest memo (Annexure P conscious possession. It is contended that the arrest memo (Annexure P demonstrates that the grounds of arrest were duly apprised to the accused at the demonstrates that the grounds of arrest were duly apprised to the accused at the demonstrates that the grounds of arrest were duly apprised to the accused at the demonstrates that the grounds of arrest were duly apprised to the accused at the arrest. The memo specifically records that the petitioner was informed time of arrest. The memo specifically records that the petitioner was informed arrest. The memo specifically records that the petitioner was informed arrest. The memo specifically records that the petitioner was informed about the offences alleged against him in consonance with the directions issued by about the offences alleged against him in consonance with the directions issued by about the offences alleged against him in consonance with the directions issued by about the offences alleged against him in consonance with the directions issued by the Hon’ble Supreme Court in D.K. Basu vs.
State of West Bengal the Hon’ble Supreme Court in AIR 1997 SC D.K. Basu vs. State of West Bengal AIR 1997 SC 610, and that he was told that he was being arrested in the present FIR. It is further , and that he was told that he was being arrested in the present FIR. It is further that he was being arrested in the present FIR. It is further answer format reflecting pointed out that the arrest memo contains a question-answer format reflecting pointed out that the arrest memo contains a question pointed out that the arrest memo contains a question communication of relevant particulars to the accused, thereby evidencing communication of relevant particulars to the accused, thereby evidencing communication of relevant particulars to the accused, thereby evidencing communication of relevant particulars to the accused, thereby evidencing thus argued that the procedural compliance with mandatory safeguards.
It is thus argued that the procedural compliance with mandatory safeguards. It is compliance with mandatory safeguards. It is requirements stand satisfied and, in any case, the issue sought to be raised by the requirements stand satisfied and, in any case, the issue sought to be raised by the requirements stand satisfied and, in any case, the issue sought to be raised by the requirements stand satisfied and, in any case, the issue sought to be raised by the petitioner pertains to disputed questions of fact which can only be adjudicated petitioner pertains to disputed questions of fact which can only be adjudicated petitioner pertains to disputed questions of fact which can only be adjudicated petitioner pertains to disputed questions of fact which can only be adjudicated grant of bail is made out during trial. Therefore, it is submitted that no ground for grant of bail is made out during trial. Therefore, it is submitted that no ground for during trial. Therefore, it is submitted that no ground for at this stage.
I have heard learned counsel for the parties and perused the record I have heard learned counsel for the parties and perused the record I have heard learned counsel for the parties and perused the record I have heard learned counsel for the parties and perused the record with their able assistance. with their able assistance.
At the outset, it is pertinent to note that the recovery effected in the At the outset, it is pertinent to note that the recovery effected in the At the outset, it is pertinent to note that the recovery effected in the At the outset, it is pertinent to note that the recovery effected in the grams of heroin, which indisputably falls within present case is of 1 kilogram 104 grams of heroin, which indisputably falls within grams of heroin, which indisputably falls within present case is of 1 kilogram 10 the category of commercial quantity under the NDPS Act. The alleged recovery the category of commercial quantity under the NDPS Act. The alleged recovery the category of commercial quantity under the NDPS Act. The alleged recovery the category of commercial quantity under the NDPS Act. The alleged recovery he conscious possession of the petitioner. The quantity has been effected from the conscious possession of the petitioner. The quantity he conscious possession of the petitioner. The quantity has been effected from t involved is substantial and grave, and the rigours of the statutory restrictions involved is substantial and grave, and the rigours of the statutory restrictions involved is substantial and grave, and the rigours of the statutory restrictions involved is substantial and grave, and the rigours of the statutory restrictions TRIPTI SAINI 2026.02.23 17:10 I attest to the accuracy and integrity of this document CRM-M-63079- -2025 (O&M) -4- governing bail in cases involving commercial quantity are therefore attracted. The governing bail in cases involving commercial quantity are therefore attracted. The governing bail in cases involving commercial quantity are therefore attracted. The governing bail in cases involving commercial quantity are therefore attracted. The he severity of punishment prescribed for such seriousness of the allegations and the severity of punishment prescribed for such he severity of punishment prescribed for such seriousness of the allegations and t offences are relevant considerations which cannot be ignored while adjudicating a offences are relevant considerations which cannot be ignored while adjudicating a offences are relevant considerations which cannot be ignored while adjudicating a offences are relevant considerations which cannot be ignored while adjudicating a prayer for regular bail. prayer for regular bail.
communication of So far as the argument raised regarding alleged non-communication of So far as the argument raised regarding alleged non So far as the argument raised regarding alleged non , a perusal of the arrest memo placed on record grounds of arrest is concerned, a perusal of the arrest memo placed on record , a perusal of the arrest memo placed on record grounds of arrest is concerned prima facie indicates that the petitioner was duly informed of the grounds of arrest. prima facie indicates that the petitioner was duly informed of the grounds of arrest. prima facie indicates that the petitioner was duly informed of the grounds of arrest. prima facie indicates that the petitioner was duly informed of the grounds of arrest. The memo specifically records that he was intimated about the offences alleged The memo specifically records that he was intimated about the offences alleged The memo specifically records that he was intimated about the offences alleged The memo specifically records that he was intimated about the offences alleged sent FIR, in conformity with the against him and about his arrest in the present FIR, in conformity with the sent FIR, in conformity with the against him and about his arrest in the pre . The presence of recorded questions directions issued in D.K. Basu’s case (supra).
The presence of recorded questions . The presence of recorded questions directions issued in and answers in the arrest memo further indicates that the petitioner was apprised of and answers in the arrest memo further indicates that the petitioner was apprised of and answers in the arrest memo further indicates that the petitioner was apprised of and answers in the arrest memo further indicates that the petitioner was apprised of e time of arrest. At this the relevant particulars and procedural safeguards at the time of arrest. At this the relevant particulars and procedural safeguards at th the relevant particulars and procedural safeguards at th stage, the document cannot be discarded or disbelieved, and whether the stage, the document cannot be discarded or disbelieved, and whether the stage, the document cannot be discarded or disbelieved, and whether the stage, the document cannot be discarded or disbelieved, and whether the compliance was adequate or not is essentially a matter of evidence which can only compliance was adequate or not is essentially a matter of evidence which can only compliance was adequate or not is essentially a matter of evidence which can only compliance was adequate or not is essentially a matter of evidence which can only Such be tested during trial after appreciation of oral and documentary evidence.
Such be tested during trial after appreciation of oral and documentary evidence. be tested during trial after appreciation of oral and documentary evidence. disputed factual issues cannot be conclusively determined in proceedings for grant disputed factual issues cannot be conclusively determined in proceedings for grant disputed factual issues cannot be conclusively determined in proceedings for grant disputed factual issues cannot be conclusively determined in proceedings for grant of bail.
Moreover, the recovery being of commercial quantity, the statutory Moreover, the recovery being of commercial quantity, the statutory Moreover, the recovery being of commercial quantity, the statutory Moreover, the recovery being of commercial quantity, the statutory embargo and strict parameters governing grant of bail in such offences must be embargo and strict parameters governing grant of bail in such offences must be embargo and strict parameters governing grant of bail in such offences must be embargo and strict parameters governing grant of bail in such offences must be iew. No material has been brought on record at this stage to satisfy the kept in view. No material has been brought on record at this stage to satisfy the iew. No material has been brought on record at this stage to satisfy the iew. No material has been brought on record at this stage to satisfy the Court that the petitioner is prima facie not guilty of the offence alleged or that he is Court that the petitioner is prima facie not guilty of the offence alleged or that he is Court that the petitioner is prima facie not guilty of the offence alleged or that he is Court that the petitioner is prima facie not guilty of the offence alleged or that he is not likely to commit any offence while on bail. In the absence of such satisfaction, not likely to commit any offence while on bail. In the absence of such satisfaction, not likely to commit any offence while on bail. In the absence of such satisfaction, not likely to commit any offence while on bail. In the absence of such satisfaction, ioner does not qualify for the exceptional relief of regular bail. the petitioner does not qualify for the exceptional relief of regular bail. ioner does not qualify for the exceptional relief of regular bail.
In view of the gravity of allegations, the nature and quantity of In view of the gravity of allegations, the nature and quantity of In view of the gravity of allegations, the nature and quantity of In view of the gravity of allegations, the nature and quantity of contraband recovered, and the prima facie compliance reflected in the arrest contraband recovered, and the prima facie compliance reflected in the arrest contraband recovered, and the prima facie compliance reflected in the arrest contraband recovered, and the prima facie compliance reflected in the arrest TRIPTI SAINI 2026.02.23 17:10 I attest to the accuracy and integrity of this document CRM-M-63079- -2025 (O&M) -5- nion that no ground is made out for grant memo, this Court is of the considered opinion that no ground is made out for grant nion that no ground is made out for grant memo, this Court is of the considered opi of regular bail to the petitioner at this stage. of regular bail to the petitioner at this stage.
Operative part
Accordingly, the present petition for grant of regular bail is dismissed. Accordingly, the present petition for grant of regular bail is dismissed. Accordingly, the present petition for grant of regular bail is dismissed. Accordingly, the present petition for grant of regular bail is dismissed. However, it is clarified that any observation made herein is only for However, it is clarified that any observation made herein is only for However, it is clarified that any observation made herein is only for However, it is clarified that any observation made herein is only for of deciding the present petition and shall not be construed as an the purpose of deciding the present petition and shall not be construed as an of deciding the present petition and shall not be construed as an of deciding the present petition and shall not be construed as an expression on the merits of the case at trial. expression on the merits of the case at trial
f. All pending miscellaneous application(s), if any, stands disposed of. All pending miscellaneous application(s), if any, stands disposed o All pending miscellaneous application(s), if any, stands disposed o February 23, 202 tripti , 2026 Whether speaking/non Whether speaking/non-speaking : Speaking Whether reportable Whether reportable : Yes/No (MANDEEP PANNU) JUDGE TRIPTI SAINI 2026.02.23 17:10 I attest to the accuracy and integrity of this document
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the present petition for grant of regular bail is dismissed
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483; Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 51(2).
Which court decided this case, and when?
Punjab & Haryana High Court, on 23 Feb 2026. The bench was MANDEEP PANNU.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.