Hitesh Verma vs State Of Punjab

SANJAY VASHISTH, J. (Oral)

Petitioner-Hitesh Verma, aged about 30 years, has filed the instant petition under Section 483 of BNSS, 2023, seeking regular bail in case FIR No.377 dated 07.12.2023 under Sections 21, 21-C, 29 of NDPS Act, registered at Police Station Special Task Force, Phase 4, SAS Nagar (Mohali).

As per the case of prosecution, recovery of 4.500 kilograms of heroin along with drug money amounting to Rs.1,40,000/- was effected from the main accused-Harmandeep Singh alias Deep, while he was travelling in a Honda City car, bearing registration No.PB-10-FS6900. Subsequently, on the basis of his disclosure statement, co-accused Amandeep Jethi and his wife Tanuja alias Tanu were implicated in the present case. Pursuant to the disclosure statement of accused Tanuja alias Tanu, a further recovery of 700 grams of heroin was allegedly effected from her house. Thereafter, on the basis of another disclosure statement made by Harmandeep Singh alias Deep, accused Jaspal Singh alias Goldy was also nominated and implicated in the present case as the alleged supplier of the contraband.

When co-accused Jaspal Singh alias Goldy and Akshay Kumar Chhabra were arrested, from their disclosure statements, petitioner-Hitesh Verma and Gurmail Singh @ Garry were also nominated as accused and then were arrested on 16.04.2024. It is submitted that no contraband or any other incriminating article was recovered from the possession or at the instance of the petitioner at the time of his arrest.

Learned counsel for the petitioner further submits that the main accused, Harmandeep Singh alias Deep, has already been granted the concession of regular bail by a Co-ordinate Bench of this Court, vide order dated 27.03.2026 passed in CRM-M-7444-2025 (Annexure P-2). Likewise, co-accused Amandeep Jethi and Tanuja alias Tanu have also been granted the concession of regular bail by this Court, vide common order dated 28.01.2026 passed in CRM-M-37844-2025 and CRM-M27495-2025 (Annexure P-3). Further, co-accused Jaspal Singh @ Goldy has also been granted bail, vide order dated 27.03.2026 passed by Co-ordinate Bench of this Court in CRM-M-10628-2026 (Annexure P-4). Also, co-accused Gurmail Singh @ Garry has also been granted bail, vide order dated 27.03.2026 passed by this Court in CRM-M-24496-2026 (Annexure P-5).

It is further submitted that petitioner has remained in judicial custody since 16.05.2024, and has undergone incarceration for a period of more than two years, without any recovery having been effected from him. In these circumstances, particularly in view of absence of any recovery from the petitioner and grant of regular bail to the similarly placed co-accused, learned counsel prays that petitioner be enlarged on regular bail in the present case.

In response to the arguments addressed by learned counsel for the petitioner, learned State counsel, filed status report dated 08.09.2026 in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner.

Learned State counsel, while opposing the prayer for grant of regular bail and submissions advanced on behalf of the petitioner, submits that petitioner is a habitual offender. It is contended that, apart from the present case, petitioner is involved in four other cases including one under the NDPS Act. On this basis, it is argued that petitioner does not deserve the concession of regular bail. Thus, learned State counsel prays for dismissal of the present petition.

At this stage, counsel for the petitioner submits that in the present case, petitioner has been falsely involved in the present case to increase the number of cases, moreover, there is very weak and inadmissible evidence i.e. disclosure statement, which is not sufficient to warrant the conviction of any accused.

This Court has heard the submissions addressed by counsel for the parties and has also gone through the record available before it.

In view of totality of circumstances, and the facts/allegations levelled against the petitioner, and the factors noticed here above, this Court deems it appropriate to grant the concession of bail to the petitioner in the present case.

Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/ surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case.

Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law.

It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to be cancelled.

Petition stands disposed of.

Pending application, if any, also stand disposed of accordingly.