CRM-M/37482/2026 of MANINDERPAL SINGH ALIAS SUNNY GANJA Vs STATE OF PUNJAB on 16 July 2026

1. The present petition has been preferred under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973) seeking the concession of regular bail in case FIR No. 27 dated 09.02.2026, initially registered under Sections 21(b) and 27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985, with Section 29 of the NDPS Act having been added during the course of investigation, at Police Station Ranjit Avenue, District Amritsar.

2. The prosecution case, as unfolded from the statement of ASI Gurjinder Singh, is that on 09.02.2026, at about 09:00–09:30 a.m., near the turn leading to the backside of ITI, Anand Park, E-Block, Ranjit Avenue, Amritsar, accused Maninderpal Singh @ Sunny Ganja, son of Baldev

-:2:- Singh, was apprehended while allegedly being in conscious possession of 5 grams of heroin along with 600/- ₹ , alleged to be the proceeds derived from the sale of the contraband. During interrogation, the said accused allegedly suffered a disclosure statement to the effect that he had purchased 7 grams of heroin from the present petitioner, namely Shehzada @ Jolly, son of Raj Kumar, and had already sold 2 grams thereof at the rate of 2,000/- per gram ₹ , out of which a substantial portion of the sale proceeds had been spent, while the remaining heroin weighing 5 grams, along with the recovered cash amount, was found in his possession.

2.1. On the basis of the said disclosure statement, the present petitioner was nominated as an additional accused under Section 29 of the NDPS Act vide General Diary Report No. 43 dated 09.02.2026. During the course of investigation, the investigating agency further formed an opinion that both the accused persons were allegedly involved in financing and facilitating illicit trafficking of narcotic drugs and psychotropic substances, thereby attracting the rigours of Section 27-A of the NDPS Act. It was further alleged that both the accused were actively engaged in the illicit trade of heroin and other prohibited substances within the area concerned. The investigation also revealed that another FIR involving the recovery of 47 grams of heroin had already been registered against co- accused Maninderpal Singh @ Sunny Ganja. On the basis of the aforesaid allegations and the material collected during investigation, the present FIR came to be registered.

3. Notice of motion.

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4. Mr. Baljinder Singh Sra, learned Additional Advocate General, Punjab, accepts notice on behalf of the respondent-State and has produced the custody certificate of the petitioner. Learned State counsel has vehemently opposed the prayer for grant of regular bail and has prayed for dismissal of the present petition.

5. I have heard learned counsel for the respective parties at considerable length and have carefully examined the paper book as well as the material placed on record with their able assistance.

6. I have given my thoughtful consideration to the rival submissions and have carefully examined the material available on record. Admittedly, the recovery allegedly effected from the petitioner falls within the ambit of small quantity under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner has remained in judicial custody since 09.02.2026 and has, thus, undergone a substantial period of incarceration. It is also not disputed that the trial has yet to make any meaningful progress. Rather, the proceedings before the learned trial Court are moving at a snail's pace and are not likely to culminate in the near future.

6.1. The right to a speedy trial being an inseparable facet of Article 21 of the Constitution of India, continued detention of the petitioner for an indefinite period, particularly in a case involving recovery of small quantity, would not advance the cause of justice. In the considered opinion of this Court, no useful purpose would be served by prolonging the petitioner's incarceration pending trial, especially when the conclusion of the trial is likely to take considerable time.

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6.2. Consequently, without expressing any opinion on the merits of the case lest it may prejudice either side during the course of trial, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing adequate bail and surety bonds to the satisfaction of the learned Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate concerned, as the case may be, and further subject to the following conditions:- i. The petitioner(s) 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. ii. The petitioner(s) shall not tamper with the prosecution evidence in any manner whatsoever, nor shall the petitioner(s), directly or indirectly, attempt to influence, intimidate, or contact any prosecution witness. iii. The petitioner(s) shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event any of the petitioner(s) is in possession of a passport, the particulars thereof shall be furnished before the Investigating Officer as well as the learned Trial Court. iv. Before accepting the bail and surety bonds, the learned Illaqa Magistrate/Duty Magistrate/C.J.M. concerned shall obtain from the petitioner(s) the permanent residential address as well as the present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours of the acceptance of the bail bonds and place a verification report on record. In the

-:5:- event any 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. v. The petitioner(s) 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, the 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 the concession of bail in accordance with law. vi. The petitioner(s) shall intimate the Investigating Officer as well as the learned Trial Court, in writing, of any change in residential address or mobile number within seven days of such change. vii. The petitioner(s) 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 personal appearance is exempted in accordance with law. The petitioner(s) shall not absent from the proceedings without obtaining prior permission of the learned Trial Court. In the event of violation of any of the aforesaid conditions or 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 bail and issuance of appropriate coercive process, including warrants of arrest.

7. In view of the final adjudication of the principal matter, all pending miscellaneous applications, if any, arising out of or ancillary to

-:6:- the present proceedings shall also stand disposed of accordingly. No separate or further orders are called for in respect of such applications, the same having been rendered infructuous in consequence of the present adjudication.

( VIRINDER AGGARWAL) 16.07.2026

JUDGE Gaurav Sorot Whether reasoned / speaking? Yes / No Whether reportable? Yes / No