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High Court of Punjab and HaryanaCRM-M/39315/2025allowed

Sukhwinder Singh v. State Of Punjab

2025-11-12Mrs. Justice Sukhvinder Kaur3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.234 Case No. : CRM-M-39315-2025 Decided On : November 12, 2025 Sukhwinder Singh ....

Petitioner vs.

State of Punjab ....

Respondent CORAM :

HON'BLE MRS. JUSTICE SUKHVINDER KAUR.

* * * Present :

Mr. Manpreet Ghuman, Advocate for the petitioner.

Mr. P. S. Pandher, AAG, Punjab.

* * * SUKHVINDER KAUR , J.

:

Present petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in FIR No.20 dated 07.03.2025, under Sections 22/29/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as - NDPS Act), registered at Police Station Ghagga, District Patiala.

The brief facts, as per prosecution case, are that the aforesaid FIR was registered against two persons namely Satpal Singh @ Satta and Jasvir Singh, allegedly for having heavy quantity of intoxicant tablets. The said co-accused were found in possession of 1100 loose intoxicant tablets containing salt of 'Tramadol Hydrochloride' and the petitioner was nominated as an accused in the present case on the basis of disclosure statement of co-accused Jasvir Singh.

Learned counsel for the petitioner contended that no recovery had been effected from the petitioner and he is not connected with the offence in the present case. The petitioner has been falsely implicated in the present case only on the basis of disclosure statement of co-accused, which is not admissible in law. He urged that as trial of the case is likely to take time, therefore, the petitioner be granted concession of regular bail. On the other hand, learned State counsel opposed the petition and submitted that the petitioner was actively involved in the alleged offence. He has been specifically named in the disclosure statement of coaccused and as such he is not entitled to the concession of bail. Heard.

As per the allegations, the name of the petitioner surfaced in the present case, only on the basis of disclosure statement of co-accused Jasvir Singh, who stated that petitioner Sukhwinder Singh is his brother, who asked Jasvir Singh to bring 275 intoxicant tablets for him and also paid him Rs.5500/-. Except the said disclosure statement, there is no material on record to connect the petitioner with the offence in question. As per the Custody Certificate dated 11.11.2025, the petitioner is in custody since last 05 months and 26 days. Conclusion of trial is likely to take time. So, no useful purpose would be served by further detaining the petitioner behind the bars.

Accordingly, the present petition is allowed and the petitioner is ordered to be admitted to regular bail, on furnishing adequate bail bonds and surety bonds, to the satisfaction of concerned learned trial Judge/Chief

Judicial Magistrate/Duty Magistrate.

However, nothing observed herein above shall be construed to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail petition. Pending application(s), if any, shall stand disposed of along with the present petition.

November 12, 2025 (SUKHVINDER KAUR) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.