CRM-M/14662/2026 of DHARMINDER SINGH Vs STATE OF PUNJAB on 9 July 2026

1. This petition has been filed under section 483 B.N.S.S (439 Cr.P.C) for grant of regular bail in case FIR No. 161 dated 01.07.2024 under Sections 21 and 23 of the NDPS Act and Sections 27-A, 29/61/85 of NDPS Act added later on registered at Police Station- Gharinda, District Amritsar.

2. The case of the prosecution is that the present petitioner was apprehended on 01.07.2024 when a secret information was received by ASI Manjit Singh and when raid was conducted at the house of the petitioner, a recovery of 03 kg of heroin and Rs. 1,50,000/- as drug money was effected.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. She further submits that the mandatory provisions of Sections 42 and 50 NDPS Act have not been complied with. She further submits that the petitioner is in custody since 01.07.2024 and prays for grant of regular bail. RENU RAWAT

Chandigarh

4. Notice of motion.

5. Mr. Subhash Godara, Addl. Advocate General, Punjab. accepts notice on behalf of the respondent–State and has vehemently opposed the prayer for grant of regular bail on the ground that allegations against the petitioner are grave and serious. He has filed the custody certificate of the petitioner in Court today, which is taken on record. As per the custody certificate, the petitioner is in custody for the last 02 years 04 days and is involved in one more case but has been released on bail in the same.

6. I have heard the submissions made by the parties and gone through the record.

7. After hearing the rival contentions and considering the facts that the petitioner is in custody for the last 02 years 04 days and is involved in one more case but has been released on bail coupled with the fact that the trial is yet to commence, this Court is of the view that no useful purpose would be served by further incarceration of the petitioner. Accordingly, the petitioner is granted the concession of regular bail during the pendency of the trial.

8. Reference can be made to the judgment of the Hon’ble Supreme Court in the case of Pardeep Kumar @ Banu versus State of Punjab, bearing Criminal Appeal No.1341/2026 (arising out of SLP(Cri.) No.18775/2025, decided on 13.03.2026, wherein it has been categorically held that where the accused has remained in custody for a considerable period and the trial has not even commenced, or is not likely to conclude in the near future, therefore, continued incarceration would amount to punishment without trial. In such RENU RAWAT

Chandigarh circumstances, further detention pending trial is not necessary and the accused is entitled to be released on bail.

9. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

10. Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case.

11. It is clarified that if, while on bail so granted through the instant order, the petitioner is found indulged in any other criminal case/activity, it shall be open to the State to seek cancellation of his bail. 09.07.2026

(H.S.GREWAL) renu

JUDGE Whether speaking/reasoned : Yes/No Whether reportable: Yes/No RENU RAWAT

Chandigarh