CRM-M/37755/2026 of JASPAL SINGH @ PALA Vs STATE OF PUNJAB on 17 July 2026

1. The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 Cr.P.C.), seeking grant of regular bail to the petitioner in FIR No. 88 dated 08.04.2026, registered under Sections 22, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station B-Division, Police District Amritsar, during the pendency of trial.

2. As per the prosecution case, on 08.04.2026, ASI Munish Kumar along with other police officials was on patrol duty in the area of Ganda Singh Colony, Tarn Taran Road, Amritsar, in search of suspicious persons. At about 10:30 PM, when the police party reached near Ganda Singh Colony Ground, a person was seen coming from the opposite direction while carrying a black coloured polythene envelope in his right hand. On seeing the police party, he allegedly tried to enter the ground, whereupon he was apprehended by the police officials. On inquiry, the said person disclosed his name as Jaspal Singh @ Pala son of Gulzar Singh, resident of Shaheed Udham Singh Nagar, near Cheema Depot, Amritsar. It is further alleged that efforts were made to join KUMUD VERMA

Chandigarh independent witnesses, but no public person was available at the spot due to night hours. As per the prosecution, the petitioner disclosed that the black coloured envelope contained intoxicating tablets and drug money. Upon checking the said envelope, ₹ 49 intoxicating pills and 1,000/- (two currency ₹ notes of 500/- each), allegedly drug money, were recovered. The recovered contraband was taken into possession, sealed with the seal bearing impression "MK", and a separate sample seal was prepared. It is further the case of the prosecution that the proceedings at the spot were videographed through the e- Sakshya App under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and information under Section 57 of the NDPS Act was sent to the concerned Gazetted Officer. On the basis of the aforesaid recovery, the present FIR was registered against the petitioner for commission of offences punishable under Sections 22, 27-A and 29 of the NDPS Act.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and no recovery was effected from him. It is contended that the alleged recovery of 49 intoxicant tablets and ₹1,000/- has been planted upon the petitioner and the petitioner has been made an accused without any basis. Learned counsel further submits that the petitioner is in custody and the trial is likely to take considerable time to conclude. It is argued that the petitioner is a permanent resident of the given address, there is no apprehension of his absconding or tampering with prosecution evidence, and he undertakes to abide by any condition imposed by this Court.

4. Notice of motion. KUMUD VERMA

Chandigarh

5. Mr. Baljinder Singh Sra, Addl. AG, Punjab, has put in appearance on behalf of the respondent-State and has filed the custody certificate dated 16.07.2026, which is taken on record, subject to all just exceptions. As per the custody certificate, the petitioner has already undergone a total custody period of 03 months and 05 days.

6. Learned State counsel opposes the prayer for grant of regular bail and submits that the petitioner was apprehended by the police party and 49 ₹ intoxicant tablets along with 1,000/- allegedly drug money were recovered from his conscious possession. It is further submitted that the allegations against the petitioner are serious in nature, involving offences under the NDPS Act, and the petitioner does not deserve the concession of regular bail at this stage.

7. Be that as it may, considering the fact that the FSL report regarding the nature of the alleged recovered contraband is awaited and the custody period already undergone by the petitioner is substantial. Nature of the contraband recovered from the petitioner is still uncertain. In such circumstances, further custody of the petitioner is not justified.

8. Accordingly, the petitioner is ordered to be released on interim bail, subject to furnishing requisite bail and surety bonds to the satisfaction of the learned Chief Judicial Magistrate concerned/Illaqa Magistrate/Duty Magistrate, as the case may be, till the receipt of the FSL report. It is clarified that in case, upon receipt of the FSL report, the alleged contraband recovered from the petitioner is found to be non-commercial in nature, the benefit of the present bail order shall enure to the petitioner till the conclusion of the trial. KUMUD VERMA

Chandigarh

The petitioner shall, in such eventuality, be treated to be on regular bail, subject to compliance of the following conditions:-

1. The petitioner shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts and circumstances of the case so as to dissuade such person from disclosing such facts before the Court or to the investigating agency.

2. The petitioner shall not tamper with the prosecution evidence in any manner whatsoever, nor shall attempt, directly or indirectly, to influence, intimidate, or contact any prosecution witness.

3. The petitioner shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event he is in possession of a passport, he shall furnish its particulars before the Investigating Officer as well as the learned Trial Court.

4. The learned Illaqa Magistrate/Duty Magistrate, before accepting the bail and surety bonds, shall obtain from the petitioner his permanent residential address as well as present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours from the acceptance of the bail bonds and shall place a verification report on the record. In the event either of the addresses is found to be false, fictitious, or incorrect, it shall be open to the prosecution to seek cancellation of the concession of bail in accordance with law.

5. The petitioner shall furnish before the learned Trial Court, either at the time of furnishing the bail bonds or within such period as may be specified by the Court, Permanent Account Number (PAN), Aadhaar Number, particulars of all operative bank accounts, and a declaration disclosing details of immovable properties, if any. Any concealment of material particulars or furnishing of false information shall constitute a valid ground for seeking cancellation of bail in accordance with law.

6. The petitioner shall intimate the Investigating Officer as well as the learned Trial Court, in writing, of any change in KUMUD VERMA

Chandigarh residential address or mobile number within seven days from the date of such change.

7. The petitioner shall not commit any offence of a similar nature during the pendency of the trial and shall remain present before the learned Trial Court on each and every date fixed, unless his personal appearance is exempted in accordance with law. He shall not absent himself from the proceedings without obtaining prior permission of the learned Trial Court. In the event of any violation of the aforesaid conditions or his unauthorized absence from the trial proceedings, it shall be open to the learned Trial Court to proceed in accordance with law, including cancellation of the concession of regular bail and issuance of appropriate coercive process, including warrants of arrest. 17.07.2026 (VIRINDER AGGARWAL) kv JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA

Chandigarh