Mandeep Singh Alias Mandy v. State Of Ut, Chandigarh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 19.12.2025 MANDEEP SINGH ALIAS MANDY ......Petitioner

Versus

STATE OF UT, CHANDIGARH ......Respondent

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Bhupinder Ghai, Advocate, for the petitioner. Mr. Manish Bansal, PP, UT, Chandigarh, and Mr. Dixit Bhardwaj, Advocate.

**** SANJAY VASHISTH, J.

1.

The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner(s) FIR No.

Date Section(s) Police Station District Mandeep Singh alias Mandy, aged about 31 years 30.08.2025 25, 54, 59 of Arms Act, and Section 21 of NDPS Act (Section 29 of NDPS Act added later on) Crime UT, Chandigarh 2.

Learned counsel for the petitioner contends that, as per the prosecution case, on 30.08.2025 at about 01:10 A.M., while the police party was present near the small chowk, Sector 42/43, Chandigarh, a secret information was received regarding the presence of co-accused Baljit, who was already involved in a murder case in the State of Punjab.

The said accused was intercepted and, upon his arrest, one pistol along with a live cartridge in its barrel was recovered. Apart from this, a black-coloured waist pouch worn on the left side of the co-accused was searched, from which a transparent polythene was recovered. On checking, same was found containing heroin weighing 109.86 grams. After effecting the arrest of the said accused, his disclosure statement was recorded, wherein he alleged that the recovered contraband heroin had been supplied by him to Mandeep Singh alias Mandy (petitioner herein) and Parvinder Pal Singh alias Midda, also.

3.

Thereafter, on the basis of secret information regarding the whereabouts of the said two accused, petitioner Mandeep Singh alias Mandy and co-accused Parvinder Pal Singh alias Midda were apprehended on 31.08.2025, while travelling in a car, bearing registration No.HR-22-U-6499. From the co-accused Parvinder Pal Singh alias Midda, 121 grams of heroin, including the transparent polythene, was recovered. From the petitioner, 25 grams of heroin, including transparent pouch, was allegedly recovered from inside a jhuggi, concealed in a small broken showcase placed on a wooden table in a jungle area opposite the Civil Dispensary, Sector-50, Chandigarh. 4.

Learned counsel for the petitioner, thus, submits that only 25 grams of heroin has been recovered from the petitioner, which is far below the threshold of commercial quantity, i.e. more than 250 grams. Therefore, considering that petitioner is a first-time offender under the

NDPS Act, he is entitled to the concession of regular bail in the present case.

5.

In response to the arguments addressed by learned counsel for the petitioner, learned State counsel, produces the custody certificate dated 18.12.2025 and status report dated 11.12.2025 in the Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner. As per the custody certificate, in the present case, petitioner has already undergone 03 months and 18 days period inside jail and there is no other case registered against him.

5.

Learned State counsel, while opposing the prayer and submissions advanced by learned counsel for the petitioner, submits that on the basis of disclosure statement made by the co-accused, the allegations against the petitioner stand substantiated, as recovery of heroin was effected from the petitioner. However, he does not dispute the fact that only 25 grams of heroin was recovered from the possession of the petitioner. Thus, he prays for dismissal of the present petition. 6.

This Court has heard the submissions advanced by counsel for the parties and has perused the record available before it, and finds that co-accused Baljit is facing several other criminal cases, three of which are under the NDPS Act. Similarly, co-accused Parvinder Pal Singh alias Midda is also facing three other criminal cases, including two under the NDPS Act. In contrast, petitioner, aged 31 years, has not been found to be involved in any other similar criminal activity, as conceded by learned State counsel. Therefore, petitioner deserves to be afforded an

opportunity for rehabilitation through reformation and reintegration into society.

7.

In view of the totality of circumstances, nature of the allegations levelled against the petitioner, and the factors noticed here above, this Court deems it appropriate to grant the concession of bail to the petitioner.

8.

Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case.

9.

Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

10.

Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. 11.

It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to be cancelled.

12.

Petition stands disposed of.

(SANJAY VASHISTH) JUDGE 19.12.2025 Lavisha Whether Speaking/Reasoned:

YES/NO Whether Reportable:

YES/NO