Tirlok Singh Alias Trilok Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 25.05.2026 TIRLOK SINGH ALIAS TRILOK SINGH ......Petitioner

Versus

STATE OF PUNJAB ......Respondent

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Abhaysher Singh, Advocate for the petitioner.

Mr. Manjinder Singh Bhullar, DAG, Punjab.

**** SANJAY VASHISTH, J.

1.

The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner(s) FIR No.

Date Section(s) Police Station District Tirlok Singh @ 12.04.2023 21(C)/23/29 of Sadar Fazilka Fazilka Trilok Singh, aged about 37 NDPS Act [sections 25/54/59 of Arms Act added later on vide GD No.30 dated 28.09.2023 and 27-B of NDPS Act added vide GD No.26 dated 28.07.2023] years

2.

A secret information was received to the effect that two suspected cars, i.e., (i) Hyundai Elantra and (ii) Honda Civic, were parked with their front towards Jalalabad side and some illegal activity was suspected to be taking place at the instance of four young persons. Upon being intercepted and apprehended by the members of the police team, they disclosed their names and identities as under:- (i) Person standing outside the car disclosed his name as Manpreet Singh;

(ii) Boy sitting in the driving seat disclosed his name as Jaspal Singh @ Gopi;

(iii) Person sitting on the conductor side disclosed his name as Sukhdev Singh; and (iv) One young boy sitting on the rear seat disclosed his name as Dalvinder Singh.

From Honda Civic car bearing registration No.PB-63D2370, no illegal article was recovered. However, from Hyundai Elantra car bearing registration No. PB-02-DP-0717, 23 packets of Heroin, total weighing 24.295 kgs, were recovered.

When accused Jaspal Singh @ Gopi was interrogated, he got recovered another 12 packets of Heroin weighing 12.620 kgs from near the bridge of Canal on Fazilka-Ferozepur road. Two of the accused, namely Tarlok Singh (petitioner herein) and Gurdeep Singh, were noticed by BSF near the border area in suspicious condition and were taken into custody by the police officials of Police Station Smejakothi. After the arrest of co-accused Gurdeep Singh and Tarlok Singh (petitioner herein) on 14.04.2023, they further disclosed the names of accused Sukhwinder Singh @ Sonu, Harry and

Navi as being involved in the illicit trafficking of Heroin comprising 35 packets. Thereupon, these three above named persons, were also involved as accused in the case.

Accused Sukhwinder Singh @ Sonu also disclosed that he was involved in the smuggling of the recovered contraband and that the same had been received from Pakistan during the intervening night of 09/10.04.2023. He further disclosed that about 10-12 days earlier, along with co-accused Vikram Singh @ Vicky and Gurpreet Singh @ Gori, he had procured ten packets of Heroin from Pakistan through a drone and from the money earned from his share, he had purchased a Swift car bearing registration No. RJ-13C-2547 for an amount of Rs.4.00 lakhs. 3.

Learned counsel for the petitioner submits that the petitioner - Tirlok Singh, has neither been named in the FIR nor any recovery has been effected from his possession. His name has been involved in the present case only on the basis of the disclosure statement of co-accused Jaspal Singh @ Gopi.

Learned counsel refers to the comprehensive status report, which is already on the record of the present petition, and a gist of the antecedents, as reflected in the said status report, is reproduced hereunder:- Name & Parentage Age How nominated Allegation/ Role attributed and evidence against accused Recovery, if any, effected Date of arrest, if already inside jail Tarlok Singh son of Machhi Singh, resident of 2 KNM District Shri Ganganagar (Rajasthan) years Nominated vide DDR No.3, dated 15.04.2023 Involved in cross border smuggling of Heroin Nil Arrested on 14.04.2023

However, learned counsel for the petitioner fairly submits that apart from the present case, petitioner is involved in one more case under NDPS Act, while he was confined in jail in the present case. However, no recovery of any contraband in the said case has been effected from the petitioner.

Additionally, it is submitted that co-accused namely Gurdeep Singh, who is similarly situated, has already been granted the concession of regular bail by this Court, vide order dated 09.03.2026 passed in CRM-M-43869-2025 (Annexure P-4). Therefore, keeping in view the overall circumstances, learned counsel for the petitioner prays for grant of the concession of regular bail to the petitioner. 4.

On the other hand, in response to the arguments addressed by learned counsel for the petitioner, learned State counsel, produces the custody certificate dated 24.05.2026 in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner. As per the custody certificate, in the present case, petitioner has already undergone 03 years 01 month and 04 days period inside jail. 5.

Learned State counsel, while vehemently opposing the prayer for bail, submits that keeping in view the nature of allegations and criminal antecedents of the petitioner, he does not deserve any leniency of regular bail in the present case.

However, learned State counsel candidly admits that no recovery of any narcotic contraband has been effected from the petitioner and his implication rests solely upon the disclosure statement of the co-

accused. Besides, the other factual assertions, as noticed here-above, have not been disputed by learned State counsel. On being asked by the Court, learned State counsel informs that out of total 38 prosecution witnesses, only one has been examined, till date.

6.

I have heard learned counsel for the parties and perused the relevant material available on record.

7.

Admittedly, petitioner has neither been named in the FIR nor any recovery of narcotic contraband has been effected from his possession. His implication in the present case rests solely upon the disclosure statement of the co-accused. Learned State counsel has also not disputed the fact that no recovery has been effected from the petitioner. Moreover, co-accused namely Gurdeep Singh, who is similarly situated, has already been granted the concession of regular bail by this Court. Trial of the case is likely to take some time to conclude, as out of total 38 prosecution witnesses, only one has been examined, till date.

8.

In view of the totality of circumstances, and the nature of allegations levelled against the petitioner, including the factors noticed hereabove, this Court deems it appropriate to grant the concession of regular bail to the petitioner in the present case.

Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case.

9.

Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

10.

Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. 11.

It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to be cancelled.

12.

Petition stands disposed of.

(SANJAY VASHISTH) JUDGE 25.05.2026 Lavisha Whether Speaking/Reasoned:

YES/NO Whether Reportable:

YES/NO