Lovepreet Singh Alias Paras v. State Of Punjab

-1- THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 04.05.2026 Lovepreet Singh @ Paras ..... Petitioner

Versus

State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present:

Ms. Divya Gulati, Advocate for the petitioner.

Mr. Raj Karan Singh, Asstt. A.G., Punjab.

*** RAJESH BHARDWAJ, J. (ORAL) 1.

Present second petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.0078, dated 26.03.2025, under Section 21(c) NDPS Act, 1985, registered at Police Station Anti Narcotics Force (ANTF), District ANTF Wing, SAS Nagar, District Mohali. 2.

Succinctly, the facts of the case are that the police party was on patrolling on 26.03.2025 and when they reached near the Rest House, Makhu, they saw two clean shaven persons standing on the road side, who were searching the transparent polythene bag. On seeing the police, they got perplexed and tried to fled away from the spot by throwing the polythene bag, however, on suspicion, both were apprehended by the

-2police party. On asking, they disclosed their names to be Anmoldeep Singh @ Anmol and Chanpreet Singh @ Ankit. They were suspected to be carrying some contraband in the polythene bag being thrown by them and thus, search of the same was conducted. The contraband, i.e. heroin was clearly seen in the polythene bag. On conducting the search of the polythene bag, 30 grams of heroin has been recovered. They failed to produce any licence regarding the conscious possession of the same, thus, the FIR was registered and both were arrested on the spot. The samples taken were sent to the FSL. On completion of the investigation, the challan was presented and on framing of charges, the trial commenced.

During the investigation, they made disclosure statement about the complicity of the petitioner and Rishav Manjotra @ Rishi and, thus, they were also arrayed as an accused in the present case. Another recovery of contraband weighing 1.04 Kg of heroin was also effected from Rishav Manjotra @ Rishi and thus, in total, 1.34 Kg of heroin was recovered in the present case. Resultantly, the petitioner, namely, Lovepreet Singh @ Paras was arrested on 26.03.2025. The petitioner approached the Court of learned Judge, Special Court, Ferozepur, praying for the grant of bail. However after hearing both the sides and finding no merit in the same, the learned Judge, Special Court, Ferozepur declined the bail application filed by the petitioner vide order dated 21.04.2025.

Being aggrieved, the petitioner earlier approached this Court praying for the grant of regular bail by way of filing CRM-M-31895-2025, however the same was dismissed as not pressed vide order dated 18.08.2025.

-3aggrieved, the petitioner is again before this Court by way of filing the present second petition praying for the grant of regular bail. 3.

Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely and frivolously implicated in the present case. He has submitted that neither the petitioner was named in the FIR nor any recovery has been effected from him, however he has been implicated in the present case only on the basis of disclosure statement of co-accused, which in itself is not even an admissible evidence. He has submitted that the recovery of 1.34 Kg of heroin has been effected in the present case from the co-accused and not from the petitioner.

He has submitted that on the date of occurrence, the petitioner was going on his motorcycle and on asking, he gave lift to one young man without knowing his antecedents, however, on the way, they were stopped by the police party and on searching, 1 Kg 4 grams of heroin from the parna being tied on his waist was recovered from the young man. He has submitted that even otherwise there is a violation of mandatory provisions of Sections 42 & 50 of NDPS Act. He has submitted that the petitioner is behind bars since the date of his arrest, i.e. 26.03.2025, however there is no material progress in the trial. He has submitted that the petitioner has no criminal antecedents as he has never been involved in any other case. He has thus submitted that in the facts and circumstances, the petitioner deserves to be granted regular bail. 4.

Status report dated 27.04.2026 by way of an affidavit of Harpreet Singh, PPS, Deputy Superintendent of Police, Anti-Narcotics

-4Task Force, Bathinda range, bathinda on behalf of the respondent-State has already been filed by the learned State counsel in the Court, which is taken on record.

5.

Per contra, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner. He has submitted that complicity of the petitioner has been duly established during the investigation. He has further submitted that the petitioner was apprehended on the spot along with the co-accused, namely, Rishav Manjotra @ Rishi and the contraband weighing 1 Kg 4 grams of heroin was effected from Rishav Manjotra @ Rishi, who was the pillion rider of the motorcycle, which was being driven by the petitioner. He has submitted that the petitioner is actively involved in the business of drug trafficking. He has submitted that on due compliance of provisions of NDPS Act, the total recovery of 1 Kg 34 grams of heroin has been effected in the present case from the co-accused.

He has submitted that the contraband recovered in the present case falls under the category of commercial quantity and, thus, the provisions of Section 37 of NDPS Act are attracted. He, on instructions, has submitted that out of total 26 prosecution witnesses, no witness has been examined so far and the next date fixed before the learned trial Court is 14.05.2026. He has produced custody certificate of the petitioner today in the Court, which is taken on record. He has thus submitted that no case for the grant of regular bail to the petitioner is made out and the present petition deserves to be dismissed.

-56.

Heard.

7.

Perusal of the record would show that when this Court was not inclined to grant regular bail to the petitioner, his earlier petition bearing CRM-M-31895-2025 was also dismissed as not pressed vide order dated 18.08.2025. Hence, this is the second petition praying for the grant of regular bail, however, there is no change in the circumstances. 8.

On hearing learned counsel for the parties and perusing the record, it is deciphered that complicity of the petitioner has been prima facie established in the present case during the investigation. The total contraband weighing 1 Kg 34 grams of heroin was recovered in the present case from the co-accused, which falls under the category of commercial quantity. The allegation made against the petitioner is that he was actively involved in the business of drug trafficking. The petitioner was arrested on the spot, being driver of the motorcycle, along with the co-accused, namely, Rishav Manjotra @ Rishi, from whom the recovery of 1.4 Kg of heroin was effected, who was the pillion rider. On due compliance of the statutory provisions of NDPS Act, the recovery has been effected in the present case. The allegations against the petitioner are serious in nature.

9.

Keeping in view the above said position, this Court does not find any ground to release the petitioner on bail at this stage. 10.

Hence, the present petition stands dismissed.

-611.

Nothing said herein shall be treated as an expression of opinion on the merits of the case. Pending application bearing CRM10715-2026 also stands dismissed. (RAJESH BHARDWAJ) 04.05.2026 JUDGE rittu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No