Jatinder Singh v. State Of Punjab

-1- THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 20.11.2025 Jatinder Singh ..... Petitioner

Versus

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

Present:

Mr. Karandeep Singh Sidhu, Advocate for the petitioner.

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

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

Present petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.147, dated 06.08.2024, under Section 22(c) of NDPS Act, registered at Police Station Sadar Sri Muktsar Sahib, District Sri Muktsar Sahib.

2.

Succinctly the facts of the case are that the police party, while on patrolling on 06.08.2024, saw a clean shaven young man coming on the motorcycle. A plastic bag was hanging on the motorcycle. On seeing the police, he got perplexed and tried to turn the motorcycle, however he could not escape and hence, on suspicion, he was apprehended. On asking, he disclosed his name to be Jatinder Singh, i.e. the petitioner. He was suspected to be carrying some contraband in the plastic bag, however

-2the same was searched. On conducting the search of plastic bag, 1450 tablets brand Tramadol Hydochloride were recovered. He failed to produce any licence regarding the conscious possession of the same, thus, the FIR was registered and he was arrested on the spot. On registration of the FIR, the investigation commenced. The samples taken were sent to the FSL. On receipt of FSL, the contraband recovered from the petitioner was found to be weighing 395.85 grams of Tramadol. On completion of the investigation, the challan was presented and on framing of charges, the trial commenced. The petitioner approached the Court of learned Judge, Special Court, Sri Muktsar Sahib praying for the grant of bail, however after hearing both the sides and finding no merit in the same, the learned Judge, Special Court, Sri Muktsar Shaib declined the bail application filed by the petitioner vide order dated 17.04.2025. Hence being aggrieved, the petitioner is before this Court by way of filing the present petition praying for the grant of bail.

3.

Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. He has submitted that the alleged recovery has been effected from the public place, however no independent witness has been joined. He has submitted that there is a blatant violation of mandatory provisions of Section 50 of NDPS Act in conducting the search. He has submitted that the petitioner is not involved in any other criminal case and in the present case, he has been roped on the basis of a planted recovery. He has submitted that the petitioner is behind bars from last more than 01 year, however there is no material progress in the trial and thus, his right of speedy trial is miserably defeated. He has submitted that in the facts and circumstances of the case,

-3the petitioner deserves to be granted bail. 4.

Learned counsel for the State has vehemently opposed the submissions made by learned counsel for the petitioner. He has submitted that on due compliance of provisions of NDPS Act, the recovery was effected from the petitioner on the spot. He has submitted that the alleged recovery effected weighs about 395.85 grams of Tramadol, which is a commercial quantity and thus, the provisions of Section 37 of NDPS Act are attracted. He, on instructions, has submitted that out of total 23 prosecution witnesses, only 02 witnesses have been examined so far. He has produced custody certificate of the petitioner today in the Court and the same is taken on record.

5.

Heard.

6.

On hearing learned counsel for the parties and perusing the record, it is deciphered that the recovery in the present case has been effected from the public place. The recovered contraband is 395.85 grams of Tramadol, whereas the commercial quantity is 250 grams. The petitioner is behind bars since the date of his arrest, i.e. 06.08.2024. Custody certificate produced would show that the petitioner has suffered incarceration of 01 year, 03 months and 09 days on the 19.11.2025. It further reflects that the petitioner is not involved in any other case. Out of total 23 prosecution witnesses, only 02 witnesses have been examined so far.

7.

As held by the Hon'ble Supreme Court in Mohd Muslim @ Hussain Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, this Court is of the opinion that the case of the petitioner is covered by the ratio of law laid down by the Hon'ble Supreme Court. In the abovesaid case Hon'ble

-4Supreme Court expressed its views as under:-

19. A plain and literal interpretation of the conditions under Section 37 (i.e., that Court should be satisfied that the accused is not guilty and would not commit any offence) would effectively exclude grant of bail altogether, resulting in punitive detention and unsanctioned preventive detention as well. Therefore, the only manner in which such special conditions as enacted under Section 37 can be considered within constitutional parameters is where the court is reasonably satisfied on a prima facie look at the material on record (whenever the bail application is made) that the accused is not guilty. Any other interpretation, would result in complete denial of the bail to a person accused of offences such as those enacted under Section 37 of the NDPS Act.

20. xxxxx 21.

.....it would be important to reflect that laws which impose stringent conditions for grant of bail, may be necessary in public interest; yet, if trials are not concluded in time, the injustice wrecked on the individual is immeasurable.

22. xxxxx

23. There is a further danger of the prisoner turning to crime, "as crime not only turns admirable, but the more professional the crime, more honour is paid to the criminal"22 (also see Donald Clemmer's 'The Prison Community' published in 194023). Incarceration has further deleterious effects - where the accused belongs to the weakest economic strata: immediate loss of livelihood, and in several cases, scattering of families as well as loss of family bonds and alienation from society. The courts therefore, have to be sensitive to these aspects (because in the event of an acquittal, the loss to the accused is irreparable), and ensure that trials - especially in cases, where special laws enact stringent provisions, are taken up and concluded speedily."

-58.

The veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the parties before the trial Court.

9.

This Court would refrain itself from commenting anything on the merits of the case. Keeping in view the arguments raised by both the sides and perusing the record, the Court is of the opinion that learned counsel for the petitioner succeeds in making out a case for the grant of bail.

10.

Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. Nothing said herein shall be treated as an expression of opinion on the merits of the case.

(RAJESH BHARDWAJ) JUDGE 20.11.2025 rittu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No