Jagsir Singh Alias Shree v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-52967-2025 (O&M) Decided on : 22.12.2025 Jagsir Singh alias Shree ...... Petitioner

Versus

State of Punjab ...... Respondent CORAM :


  

 *** Present :

Mr. Iqbaldeep Singh, Advocate for the petitioner.

Mr. Amritpal Singh Gill, DAG, Punjab for the respondent-State.

***  

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Brief facts as per the prosecution case are that on 27.07.2025, ASI Gurtej Singh along with his fellow police officials was on patrolling duty and on the basis of secret information, apprehended the petitioner and one co-accused Deep Singh alias Bittu, who were found in conscious possession of 30 grams of heroin. Hence the present FIR.

3.

Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case and he has no concern with the said offence. He further contends that mandatory provisions of the NDPS Act were not complied with at the time of alleged search and seizure. Learned counsel contends that the recovery of alleged contraband has already been effected from the petitioner as well as co-accused *     + ,, -  

,   . , ," Learned counsel further contends that co-accused Deep Singh has already been granted the concession of regular bail by this Court vide order dated 19.12.2025 in CRM-M69517-2025. The petitioner is in custody since 27.07.2025. The investigation in the case is complete, challan stands presented, charges have also been framed. He further submits that out of 15 prosecution witnesses, none has been examined till date, as such, the trial will take a long time to conclude and no useful purpose would be served by keeping the petitioner behind bars. Therefore, it is urged that the present petition deserves to be allowed. "

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6.

Having heard learned counsel for the parties at length and after perusing the record of the case, it is evident that the petitioner is in custody for the last more than 04 months and 22 days; co-accused Deep Singh has already

 been granted the concession of regular bail by this Court; investigation is complete; challan stands presented; charges have also been framed and out of 15 prosecution witnesses, none has been examined till date, as such, the trial will take a long time to conclude and no useful purpose would be served by detaining him in further custody. His further detention without the prospect of the trial being concluded in the near future would be violative of his rights under Article 21 of the Constitution of India.

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     1,    +  *9+ "As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the

 jurisdiction of the Court etc."

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