Gagandeep Singh @ Gagan vs State Of Punjab on 19 March, 2026

    0
    36
    ADVERTISEMENT

    Punjab-Haryana High Court

    Gagandeep Singh @ Gagan vs State Of Punjab on 19 March, 2026

    250
           IN THE HIGH COURT OF PUNJAB & HARYANA AT
                          CHANDIGARH
    
                                                   CRM-M-14106-2026
                                                   Date of Decision: 19.03.2026
                                                   Date of Uploading: 19.03.2026
    
    Gagandeep Singh @ Gagan
                                                                     .....Petitioner.
                                          Versus
    State of Punjab
                                                                    .....Respondent.
    
    CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
    
                                           *****
    Present:-   Mr. Kulwinder Singh Rathour, Advocate
                for the petitioner.
                (joined through Video-Conferencing)
    
                Mr. Baljinder Singh Sra, Addl. A.G, Punjab.
    
    SUMEET GOEL, J.(Oral)
    

    Present petition has been filed under Section 483 of Bharatiya

    Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the petitioner

    SPONSORED

    in case bearing FIR No.105 dated 17.07.2024, registered for the offences

    punishable under Sections 21 and 29 of the Narcotic Drugs and

    Psychotropic Substances Act, 1985 (for short ‘NDPS Act‘), at Police

    Station STF, District SAS Nagar (Mohali).

    2. The gravamen of the FIR in question is that the petitioner is an

    accused of being involved in an FIR pertaining to NDPS Act involving 1.5

    Kgs. heroin allegedly found in the possession of co-accused, namely

    Gagandeep Singh, and the petitioner has been nominated, in this case, on

    1 of 8
    ::: Downloaded on – 20-03-2026 06:35:12 :::
    CRM-M-14106-2026 -2-

    the disclosure of said co-accused.

    3. Learned counsel for the petitioner has iterated that the

    petitioner is in custody since 17.07.2024. Learned counsel for the petitioner

    has further submitted that the mandatory provisions of the NDPS Act have

    not been complied with, and thus, the prosecution case suffers from

    inherent defects. Learned counsel has further iterated that sole basis to

    array the petitioner as an accused is the disclosure statement of co-accused,

    namely Gagandeep Singh. Learned counsel has also argued that the co-

    accused of the petitioner, namely, Lovepreet Singh alias Love, Gulshan

    Kaur, Harjinder Kaur and Sandeep Kumar @ Titta have already been

    granted the concession of regular bail by this Court vide order dated

    29.10.2024 passed in CRM-M No.49749 of 2024, 08.01.2025 passed in

    CRM-M No.57291 of 2025, 10.07.2025 passed in CRM-M No.6748 of

    2025 and 25.08.2025 passed in CRM-M No.44986 of 2025 respectively.

    Learned counsel has further iterated that the petitioner has suffered

    incarceration for more than one year and seven months. Thus, regular bail

    is prayed for.

    4. Learned State counsel has opposed the present petition by

    arguing that the allegations raised against the petitioner are serious in

    nature and, thus, he does not deserve the concession of the regular bail.

    Learned State counsel seeks to place on record custody certificate dated

    17.03.2026 in the Court, which is taken on record.

    5. I have heard counsel for the rival parties and have gone

    through the available records of the case.

    2 of 8
    ::: Downloaded on – 20-03-2026 06:35:12 :::
    CRM-M-14106-2026 -3-

    6. The petitioner was arrested on 17.07.2024 whereinafter

    investigation was carried out and Challan qua him was presented on

    13.01.2025. Total 31 prosecution witnesses have been cited, but none has

    been examined till date. The petitioner has been implicated as an accused

    in the FIR in question solely on the basis of disclosure statement of co-

    accused-Gagandeep Singh, from whom 1.5 Kgs. of heroin was allegedly

    recovered. It is not in dispute that co-accused Lovepreet Singh alias Love,

    Gulshan Kaur, Harjinder Kaur and Sandeep Kumar @ Titta have already

    been granted concession of regular bail by this Court. As per the

    prosecution version, there is no other material available to connect the

    petitioner with the contraband except for the said disclosure statement. It is

    pertinent to note that such disclosure statements, in the absence of

    corroborative evidence hold limited evidentiary value and cannot be sole

    basis for implicating the petitioner. The reliance on this unsubstantiated

    statement raises serious doubts about the fairness and objectivity of the

    investigation. It is not in dispute that the petitioner was not present at the

    spot. The veracity and weightage required to be attached to the disclosure

    statement made by the co-accused will be fully tested at the time of trial.

    The rival contentions raised at Bar give rise to debatable issues, which shall

    be ratiocinated upon during the course of trial. This Court does not deem it

    appropriate to delve deep into these rival contentions, at this stage, lest it

    may prejudice the trial. Nothing tangible has been brought forward to

    indicate the likelihood of the petitioner absconding from the process of

    justice or interfering with the prosecution evidence.

    3 of 8
    ::: Downloaded on – 20-03-2026 06:35:12 :::
    CRM-M-14106-2026 -4-

    6.1. At this juncture, it would be apposite to refer to a judgment

    passed by this Court in Anshul Sardana versus State of Punjab, passed in

    CRM-M-65094-2024 (2025: PHHC:004198), wherein, after relying upon

    the ratio decidendi of the judgments of the Hon’ble Supreme Court in

    Tofan Singh versus State of Tamil Nadu, AIR 2020 Supreme Court 5592;

    Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu versus State of

    Gujrat, Narcotics Control Bureau, 2024 INSC 290; State by (NCB)

    Bengaluru vs. Pallulabid Ahmad Arimutta & Anr.’, 2022 (1) RCR

    (Criminal) 762; and Vijay Singh vs. The State of Haryana, bearing Special

    Leave to Appeal (Crl.) No.(s) 1266/2023, decided on 17.05.2023, has held

    thus:

    “6.3 It is a well established principle of law that a confession made by
    a co-accused under Section 67 of the NDPS Act is inherently a very weak
    piece of evidence. Such statement(s), by themselves, cannot form the
    sole basis for the conviction of an individual and must be scrutinized
    with utmost caution in conjunction with other substantive evidence.
    Moreover, no recovery has been effected from the possession of the
    petitioner, who has been subsequently implicated as an accused solely
    on the basis of disclosure statement of the co-accused. However, as
    regular bail pertains to life and liberty of individual, Courts are
    obligated to strike a balance between safeguarding personal liberty and
    ensuring the effective administration of justice as also investigation. The
    final evidentiary value and admissibility of the disclosure statement
    made by a co-accused fall within the domain of the trial Court and are to
    be adjudicated during the course of the trial in accordance with
    established principles of law. However, while adjudicating a plea for
    regular bail, this Court cannot remain oblivious to the circumstances
    under which the petitioner has been arraigned or implicated, including
    the nature of the allegations, the evidence linking the petitioner to the
    offence as well as the specific role attributed to the petitioner in the
    commission of the alleged offence. A prima facie examination of these

    4 of 8
    ::: Downloaded on – 20-03-2026 06:35:12 :::
    CRM-M-14106-2026 -5-

    factors is essential to ensure that the process of law is not misused,
    abused or misdirected.”

    6.2. Further, this Court in the case of Jaswinder Singh alias Kala

    versus State of Punjab passed in CRM-M-33729-2025 (2025:PHHC:

    089161) has held thus:

    “14. As a sequitur to above-said rumination, the following postulates
    emerge:

    (I) (i)A bail plea on merits; in respect of an FIR under NDPS Act of
    1985 involving offence(s) under Section 19 or Section 24 or
    Section 27-A thereof and for offence(s) involving commercial
    quantity; is essentially required to meet with the rigour(s) of
    Section 37 of NDPS Act.

    (ii) The rigour(s) of Section 37 of NDPS Act do not apply to a
    bail plea(s) on medical ground(s), interim bail on account of any
    exigency including the reason of demise of a close family relative
    etc.

    (iii)The rigour(s) of Section 37 of NDPS Act pale into oblivion
    when bail is sought for on account of long incarceration in view
    of Article 21 of the Constitution of India i.e. where the bail-

    applicant has suffered long under-trial custody, the trial is
    procrastinating and folly thereof is not attributable to such bail-
    applicant.

    II. The twin conditions contained in Section 37(1)(b) of NDPS Act
    are in addition to the conditions/parameters contained in
    Cr.P.C./BNSS or any other applicable extant law.

    III. The twin conditions contained in Section 37(1)(b) of NDPS Act
    are cumulative in nature and not alternative i.e. both the
    conditions are required to be satisfied for a bail-plea to be
    successful.

    IV. For consideration by bail Court of the condition stipulated in
    Section 37(1)(b)(i) of NDPS Act i.e. “there are reasonable
    grounds for believing that he is not guilty of such offence”:

    (i) The bail Court ought to sift through all relevant
    material, including case-dairy, exclusively for the limited
    purpose of adjudicating such bail plea.

    (ii) Such consideration, concerning the assessment of
    guilt or innocence, should not mirror the same degree of
    scrutiny required for an acquittal of the accused at the
    final adjudication & culmination of trial.

    (iii) Plea(s) of defence by applicant-accused, if any,
    including material/documents in support thereof, may be
    looked into by the bail-Court while adjudicating such bail

    5 of 8
    ::: Downloaded on – 20-03-2026 06:35:12 :::
    CRM-M-14106-2026 -6-

    plea.

    V. For consideration of the condition stipulated in Section
    37(1)(b)(ii)
    i.e. ‘he is not likely to commit any offence while on
    bail’:

    (i) The word ‘likely’ ought to be interpreted as
    requiring a demonstrable and substantial probability of
    re-offending by the bail-applicant, rather than a mere
    theoretical one, as no Court can predict future conduct of
    the bail-applicant.

    (ii) The entire factual matrix of a given case including
    the antecedents of the bail-applicant, role ascribed to
    him, and the nature of offence are required to be delved
    into. However, the involvement of bail-applicant in
    another NDPS/other offence cannot ipso facto result in
    the conclusion of his propensity for committing offence in
    the future.

    (iii) The bail-Court may, at the time of granting bail,
    impose upon the applicant-accused a condition that he
    would submit, at such regular time period/interval as may
    stipulated by the Court granting bail, an affidavit before
    concerned Special Judge of NDPS Court/Illaqa
    (Jurisdictional) Judicial Magistrate/concerned Police
    Station, to the effect that he has not been involved in
    commission of any offence after being released on bail.

    In the facts of a given case, imposition of such condition
    may be considered to be sufficient for satisfaction of
    condition enumerated in Section 37(1)(b)(ii).

    VI. There is no gainsaying that the nature, mode and extent of
    exercise of power by a Court; while satisfying itself regarding the
    conditions stipulated in Section 37 of NDPS Act; shall depend
    upon the judicial discretion exercised by such Court in the facts
    and circumstances of a given case. No exhaustive guidelines can
    possibly be laid down as to what would constitute parameters for
    satisfaction of requirement under Section 37 (ibid) as every case
    has its own unique facts/circumstances. Making such an attempt
    is nothing but a utopian endeavour. Ergo, this issue is best left to
    the judicial wisdom and discretion of the Court dealing with such
    matter.”

    6.3. In this view of the matter, the rigor imposed under Section 37

    of the NDPS Act stands diluted.

    7. As per custody certificate dated 17.03.2026 filed by the

    learned State counsel, the petitioner has already suffered incarceration for a

    period of about 01 year, 07 months and 21 days and he is not involved in

    6 of 8
    ::: Downloaded on – 20-03-2026 06:35:12 :::
    CRM-M-14106-2026 -7-

    any other case.

    Suffice to say, further detention of the petitioner as an

    undertrial is not warranted in the facts and circumstances of the case.

    8. In view of above, the present petition is allowed. Petitioner is

    ordered to be released on regular bail on his furnishing bail/surety bonds to

    the satisfaction of the Ld. concerned trial Court/Duty Magistrate. However,

    in addition to conditions that may be imposed by the concerned trial

    Court/Duty Magistrate, the petitioner shall remain bound by the following

    conditions:

    (i) The petitioner shall not mis-use the liberty granted.

    (ii) The petitioner shall not tamper with any evidence, oral or
    documentary, during the trial.

    (iii) The petitioner shall not absent himself on any date before the
    trial.

    (iv) The petitioner shall not commit any offence while on bail.

    (v) The petitioner shall deposit his passport, if any, with the trial
    Court.

    (vi) The petitioner shall give his cellphone number to the
    Investigating Officer/SHO of concerned Police Station and shall
    not change his cell-phone number without prior permission of the
    trial Court/Illaqa Magistrate.

    (vii) The petitioner shall not in any manner try to delay the trial.

    (viii) The petitioner shall submit, on the first working day of every
    month, an affidavit, before the concerned trial Court, to the effect
    that he has not been involved in commission of any offence after
    being released on bail. In case the petitioner is found to be
    involved in any offence after his being enlarged on bail in the
    present FIR, on the basis of his affidavit or otherwise, the State is
    mandated to move, forthwith, for cancellation of his bail which
    plea, but of course, shall be ratiocinated upon merits thereof.

    9. In case of breach of any of the aforesaid conditions and those

    which may be imposed by concerned trial Court/Duty Magistrate as

    directed hereinabove or upon showing any other sufficient cause, the

    State/complainant shall be at liberty to move cancellation of bail of the

    7 of 8
    ::: Downloaded on – 20-03-2026 06:35:12 :::
    CRM-M-14106-2026 -8-

    petitioner.

    10. Ordered accordingly.

    11. Nothing said hereinabove shall be construed as an expression

    of opinion on the merits of the case.

    
    
    
    
                                                           (SUMEET GOEL)
    March 19, 2026                                            JUDGE
    Yag Dutt
    
                        Whether speaking/reasoned:    Yes/No
                        Whether Reportable:           Yes/No
    
    
    
    
                                       8 of 8
                    ::: Downloaded on - 20-03-2026 06:35:12 :::
     



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here