Gurmeet Singh And Another v. Ut Chandigarh

In the High Court for the States of Punjab and Haryana at Chandigarh CRM-M-67561-2025 (O&M) Date of Decision:- 11.12.2025 Gurmeet Singh and another ... Petitioners

Versus

Union Territory, Chandigarh ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUBHAS MEHLA Present:- Mr. A.S. Khosa, Advocate for the petitioner.

Mr. Manish Bansal, P.P. U.T., Chandigarh.

***** SUBHAS MEHLA , J. (Oral) 1.

By way of the present petition, the petitioners are seeking regular bail in FIR No.10 dated 14.04.2025, registered under Section 21 of NDPS Act (Section 29 of NDPS Act was added later on) at Police Station Crime Branch, District Chandigarh.

2.

Learned counsel for the petitioners contended that the petitioners have been falsely implicated in the present case at the instance of co-accused and 51.23 grams of 'heroin' has been recovered from petitioner-Gurmeet Singh and 26.02 grams of 'heroin' has been recovered from petitionerKuldeep Singh, which fall under the non-commercial quantity. The present petitioners are in custody for the last about 07 months and 20 days. He further submits that co-accused namely Surinder Kaur, Balkar Singh, Gurmeet Singh and Navneet Kaur have already been granted bail by this Court vide a common order dated 27.10.2025 passed in CRM-M-52293-2025, CRM-M54784-2025, CRM-M-57911-2025 and CRM-M-57553-2025 respectively. Hence, prayed for concession of bail to the petitioners as trial will take sufficient time to conclude.

GEETA RANI 2025.12.18 16:09 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh

CRM-M-67561-2025 (O&M) ( 2 ) 3.

Custody certificates of petitioners filed by learned State counsel today in Court, are taken on record. He has opposed the bail of the petitioners by submitting that contraband recovered at the instance of the present petitioners. However, it is not disputed that the recovered contraband fall under non-commercial quantity, and prayed for dismissal of his bail petition. 4.

Heard.

5.

Keeping in view the facts and circumstances of the case, this Court finds that contraband recovered i.e. 51.23 grams of 'heroin' from petitioner-Gurmeet Singh and 26.02 grams of 'heroin' from petitionerKuldeep Singh, fall under non-commercial quantity. The petitioners are in custody for the last about 07 months and 20 days; there is no other material to suggest that they are involved in any other case; aforementioned coaccused have already been granted bail by this Court; and no fruitful purpose would be served by keeping them in custody for any further period, as concession of bail cannot be denied just as a measure of punishment and it is a trite principle of criminal jurisprudence that bail is rule, jail is an exception, this Court deems it a fit case to grant the concession of regular bail to the petitioner.

6.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioners are ordered to be released on regular bail on their furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. ( SUBHAS MEHLA ) 11.12.2025 JUDGE Geeta Whether speaking /reasoned Yes / No Whether Reportable Yes / No GEETA RANI 2025.12.18 16:09 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh