Lada Singh v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 25.09.2025 1.

CRM-M-37933-2024 LADA SINGH ... PETITIONER

VERSUS

STATE OF PUNJAB ... RESPONDENT 2.

CRM-M-37996-2024(O&M) JOGA SINGH ... PETITIONER

VERSUS

STATE OF PUNJAB ... RESPONDENT 3.

CRM-M-691-2025 GAGANDEEP SINGH ... PETITIONER

VERSUS

STATE OF PUNJAB ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Gautam Dutt, Advocate and Mr. Puneet Bali, Advocate for the petitioners in CRM-M-37933-2024 and CRM-M-37996-2024.

Mr. Vishal Khatri, Advocate for Mr. Vipul Jindal, Advocate for the petitioner in CRM-M-691-2025 Mr. Rishabh Singla, AAG, Punjab.

-2H.S. Grewal, J.(Oral) 1.

This order shall dispose of the aforesaid three petitions filed for grant of regular bail in case FIR No. 08 dated 25.01.2024 under Sections 18,25,29 of NDPS Act, registered at Police Station State Special Operations Cell, Amritsar District: Intelligence Wing CID. 2.

The present FIR was registered on the basis of secret information received by Inspector Sukhbir Singh regarding the involvement of the petitioners in an Opium smuggling network. Acting upon the said information, a raid was conducted, during which a Skoda car bearing registration No. HR29-AA-4140 was intercepted and the petitioners were apprehended. Upon search of the vehicle, one kilogram of Opium was found concealed beneath the driver's seat. Further, on the basis of the joint disclosure statement of the petitioners, 06 kilograms of Opium was recovered which was concealed in the door panel of the said vehicle.

3.

Learned counsel for the petitioners submit that the petitioners have been falsely implicated in the present case. The petitioners are in the custody since 25.01.2024. They further submit that alleged recovery shown to be effected from the car is 1 Kg of Opium, which falls under non-commercial quantity and the other 06 Kg Opium like substance is yet to be ascertained. It is further submitted that the mandatory compliance of Section 42 of NDPS Act has not been made.

4.

In compliance of order dated 23.09.2025, ASI Malkit Singh was present in the Court who stated that the Investigating Officer has not come present. Although he is acquainted with the police file, he is unable to show

-3the compliance of Section 42 of NDPS Act as no such document is available in the police file.

5.

Learned State counsel has opposed the prayer made by the learned counsel for the petitioners on the ground that the petitioners were arrested with 01 Kg Opium and 06 Kgs Opium like substance, which falls under the commercial quantity. He has filed the custody certificates of the petitioners in the Court today and the same are taken on record. As per which, the petitioners are in custody for the last 01 years 07 month and 26 days. He further submits that out of 14 cited prosecution witnesses, only 01 has been examined so far. 6.

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

7.

Keeping in view the above facts and circumstances of the case and the fact that the petitioners are in custody for more than 01 years 07 months and 26 days; out of 14 cited prosecution witnesses only 01 witness has been examined so far; the petitioners are not involved in any other case under NDPS, the trial is moving at a snail's pace, the continuous detention of the petitioners would not serve the ends of justice, therefore, this Court deems it a fit case to grant the concession of regular bail to the petitioners during the pendency of the trial.

8.

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

-49.

It is clarified that if on bail so granted through the instant order, the petitioners are found indulging in any other criminal case it shall be open to the State to seek cancellation of their bail. 10.

Pending application(s), if any, shall also stand disposed of. (H.S.GREWAL) 25.09.2025 JUDGE renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No