Lovepreet Singh v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.217 Case No. : CRM-M-37018-2025 Decided On : September 03, 2025 Lovepreet Singh ....
Petitioner vs.
State of Punjab ....
Respondent CORAM :
HON'BLE MRS. JUSTICE SUKHVINDER KAUR.
* * * Present :
Mr. Yashpal Thakur, Advocate for the petitioner.
Mr. Navdeep Singh, DAG, Punjab.
* * * SUKHVINDER KAUR , J.
:
Prayer in the present petition, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is for grant of anticipatory bail to the petitioner in FIR No.135 dated 09.06.2025, under Sections 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as - NDPS Act), registered at Police Station Samrala, Police District Khanna, District Ludhiana.
The prosecution story, in brief, is that on 09.06.2025 at about 06:00 PM, police personnel on duty noticed a white Alto car bearing registration No.PB-10-BF-5090 coming from village Neelon Khurd. Upon seeing the police party, the person on driving seat stopped the car and four persons came out from it and fled towards the nearby fields. However, two of them were nabbed by police party while two managed to escape. On asking, one of the aforesaid persons disclosed his name as Jaspreet Singh @
Jassi and other as Rakesh Royal @ Rakesh Goyal @ Rinku. They also disclosed about the identity of other two persons, stating that the person driving the car was Kamal Mehra and the second one, who was sitting on the rear seat behind the driver was Lovepreet Singh (present petitioner). On searching the car, 50 grams of heroin was found in a transparent polythene envelope between the driver and front passenger seats. Four touch-screen mobile phones were also found in the car but no vehicle documents were found in the car. Thereafter, FIR in question was registered against all the aforesaid four persons.
Learned counsel for the petitioner contended that neither the petitioner was arrested from the spot nor any recovery had been effected from him. He has been falsely implicated in the present case, only on the basis of disclosure statement of the co-accused, which is not admissible in law. Except the said disclosure statement, there is nothing on record to connect the petitioner with the alleged recovery of contraband in the present case. He has further urged that custodial interrogation of the petitioner is not required for any purpose and therefore, he be granted concession of anticipatory bail.
Per Contra, learned State counsel opposed the present bail petition while contending that Jaspreet Singh @ Jassi and Rakesh Royal @ Rakesh Goyal @ Rinku disclosed during their disclosure statements that they, along with their friend Kamal Mehra and Lovepreet Singh, used to buy and bring heroin. Kamal Mehra and Lovepreet Singh used to pay Rs.2000/- per day to them. They also disclosed that they used to buy heroin/smack at the rate of Rs.2200/- per gram from Pardeep Singh @ Husan @ Billa.
Learned State counsel further contended that name of the petitioner was specifically mentioned in the FIR itself as one of the four occupants of the car, from which 50 grams heroin was recovered along with four touchscreen mobile phones. There is active participation on behalf of the petitioner regarding sale and purchase of heroin. The petitioner is evading arrest and his custodial interrogation is required for fair and complete investigation of the case. So, he does not deserve concession of anticipatory bail.
In the present case, petitioner is stated to be one of the four occupants of the car, from where the alleged recovery of 50 grams of heroin was effected. The petitioner succeeded in escaping from the spot and his identity was disclosed by co-accused, who were apprehended at the spot namely Jaspreet Singh @ Jassi and other as Rakesh Royal @ Rakesh Goyal @ Rinku. Moreover, mobile phone of the petitioner was also recovered from the aforesaid car, which further connected him with the offence in the present case. Besides being named in the FIR, the arrested accused persons i.e. Jaspreet Singh @ Jassi and other as Rakesh Royal @ Rakesh Goyal @ Rinku also disclosed that they along with Kamal Mehra and Lovepreet Singh were jointly involved in the sale and supply of heroin. The aforesaid Kamal Mehra and Lovepreet Singh (present petitioner) used to pay Rs.2000/- per day to the arrested accused persons for assisting in the distribution of the said contraband. Thus, the petitioner was found to be actively and consciously involved in the commission of the offence in the present case.
Keeping in view the specific allegations regarding
involvement of the petitioner in sale, purchase and supply of heroin, no ground for granting anticipatory bail to the petitioner is made out. Accordingly, the present petition stands dismissed. 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.
September 03, 2025 (SUKHVINDER KAUR) monika JUDGE Whether speaking/reasoned ?
Yes/No.
Whether reportable ?
Yes/No.