Akashdeep Singh @ Akash v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision:01.07.2026 Akashdeep Singh @ Akash ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MRS. JUSTICE MANISHA BATRA

Present:

Mr. Anil Bidhan, Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab.

...

Manisha Batra, J. (Oral).

1.

The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner seeking grant of regular bail in case arising out of FIR No.23 dated 21.02.2026, registered under Sections 21(b) and 27-A of the NDPS Act, at Police Station A-Division, Amritsar, District Amritsar. 2.

As per the allegations, on 21.02.2026, a police party was performing patrolling duty when a youth limping on foot was going towards the bus stand. On seeing the police party, he tried to turn back while throwing a plastic envelop out of the pocket of his pant. On asking, he disclosed his name as Akashdeep Singh @ Akash. Upon checking the said plastic envelop, it was found to be containing heroin. On weighing, 11

-2grams of heroin was found to be kept in the same. Recovery of drug money of Rs.900/- was also effected from him. The petitioner was formally arrested. Investigation is still going on and the challan is yet to be presented. 3.

It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is a disabled person with 'amputation of his right leg'. A false recovery has been planted upon him. He has clean antecedents. The alleged recovery is of non-commercial quantity. The trial will take considerable time to conclude as the investigation is still underway. His further incarceration would not serve any useful purpose. It is, therefore, urged that the petitioner deserves to be extended benefit of bail. 4.

Notice of motion.

5.

Learned State counsel has advance notice of the petition and has argued that keeping in view the gravity of the allegations as levelled against the petitioner, he does not deserve to be extended the benefit of bail. 6.

This Court has heard rival submissions made by learned counsel for the parties.

7.

The petitioner is alleged to have been found in conscious possession of 11 grams of heroin which is of non-commercial quantity. It is only on the basis of evidence to be produced during trial that it can be assessed that the money that was recovered from the petitioner was drug money or not? He is in custody since 21.02.2026. The trial will obviously take time to conclude as the investigation is still going on and the challan is yet to be presented. Keeping in view the period of incarceration of the petitioner, his clean antecedents, the nature of the subject offence and the above discussed facts, this Court is of the considered opinion that the

-3petitioner deserves to be extended the benefit of bail. Accordingly, the petition is allowed and the petitioner is ordered to be admitted to bail subject to his furnishing personal/surety bonds to the satisfaction of learned trial Court/learned Chief Judicial Magistrate/Duty Magistrate concerned. 8.

It is, however, made clear that nothing stated hereinabove shall have any bearing on the merits of the case.

9.

Since the main petition has already been disposed of, pending application, if any, is rendered infructuous. (MANISHA BATRA) 01.07.2026 JUDGE harjeet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No