Arshdeep Singh v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 02.08.2025 ARSHDEEP SINGH ... PETITIONER

VERSUS

STATE OF PUNJAB ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Vipin Mahajan, Advocate for the petitioner. H.S. Grewal, J.(Oral) 1.

This petition has been filed for grant of regular bail under Section 483 in case FIR No. 01 dated 03.01.2025 under Sections 21, 21(c), 29 of NDPS Act and 10,11,12 Air Craft Act registered at Police Station Kalanaur, District Gurdaspur.

2.

The case of the prosecution is that 1 kg of heroin was recovered from co-accused Jobanpreet Singh who on his disclosure statement has named Manjot Singh who during further interrogation has disclosed the name of the present petitioner and the allegations against him is that he is a part of the smuggling syndicate which smuggles Heroin from across the border with the help of drones.

3.

Learned counsel for the petitioner submits that the petitioner has been implicated only on the basis of disclosure statement of the co-accused while in police custody and the same is inadmissible and cannot be used

-2against the petitioner. No recovery has been effected from the petitioner. The petitioner is in custody since 15.03.2022. He further submits that the co-accused has already been granted bail by this Court on 21.05.2025. 4.

Notice of motion.

5.

Mr. Kamalpreet Bawa, DAG, Punjab accepts notice on behalf of the respondent-State. Learned State counsel has filed the custody certificate in the Court today, which is taken on record. As per custody certificate, the petitioner is in custody for the last 04 months 14 days. He vehemently opposes the prayer for grant of regular bail to the petitioner. He further submits that out of 52 cited prosecution witnesses only, 31 witnesses have been examined. 6.

I have heard the learned counsel for the parties and perused the record.

7.

Keeping in view the facts and circumstances of the present case and the fact that the petitioner is in custody for the last 04 months 14 days, the continuous detention of the petitioner would not serve the ends of justice, this Court deems it a fit case to grant the concession of regular bail to the petitioner during the pendency of the trial.

8.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

-39.

It is clarified that if on bail so granted through the instant order, the petitioner is found indulging in any other criminal case it shall be open to the State to seek cancellation of his bail.

10.

Pending applications, if any, shall also stand disposed of. (H.S.GREWAL) 02.08.2025 JUDGE renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No