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Judgment
VIKRAM AGGARWAL, J. (ORAL) This order shall dispose of the afore-titled petitions, both preferred under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’). Whereas CRM-M No.40923 of 2026 is the second petition, the first having been withdrawn on 13.03.2026, CRM-M No.50287 is the first petition for the grant of regular bail to the petitioners in case FIR No.46 dated 11.02.2025 registered at Police Station Anti Narcotics Task Force, District ANTF Wing, Amritsar, under Sections 21-C, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).
Custody certificates dated 21.09.2026 filed in Court today, are taken on record.
On 11.02.2025, a secret information was received that Surjit Singh, Labha Singh and Sukh were involved in large scale smuggling of heroin and that they were supplying heroin to their customers in Ajnala area. It was informed that they were scheduled to supply heroin to one of their customers near the Langar Hall in Village Chhota Fattowal and would be coming on their motorcycle bearing registration No.PB-14D-0784. Accordingly, the police party reached the requisite spot and found three persons coming on a motorcycle bearing registration No.PB-14D-0784. When the police party made an attempt to apprehend the three persons, the person sitting on the motorcycle escaped but the other two were apprehended, who disclosed their names as Surjit Singh and Labha Singh (petitioners). Upon their search, each of them was found in possession of 550 grams of heroin.
Learned counsel for the petitioners submit that the petitioners have been falsely implicated and it is a case of planting of the contraband. They further submit that the petitioners are in custody since the day of their arrest. 01 year, 07 months and 07 days have elapsed. They submit that the antecedents of the petitioners are clean; investigation has been completed; charges have been framed on 07.01.2026; out of 14 prosecution witnesses, only 01 has been examined; trial will still take a sufficiently long time and, therefore, no useful purpose would be served by keeping the petitioners in custody any longer.
Per contra, learned State counsel has opposed the bail applications, stating that a huge quantity of heroin was recovered from the petitioners and in case they are released on bail, they may try to influence the witnesses and may also abscond.
I have considered the submissions made by learned counsel for the parties.
Concededly, the petitioners are in custody since the day of their arrest. 01 year, 07 months and 07 days have gone by. The antecedents of the petitioners are clean. Investigation has been completed. Charges have been framed on 07.01.2026. Out of 14 prosecution witnesses, only 01 has been examined till date, thereby prejudicing the right of the petitioners to a speedy trial. It is, therefore, evident that the trial will still take a sufficiently long time and no useful purpose would be served by keeping the petitioners in custody any longer.
In view of the aforementioned facts and circumstances, without expressing any opinion on the merits of the case, the present petitions are allowed. The petitioners are ordered to be released on regular bail on their furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Chief Judicial Magistrate/Duty Magistrate.
Pending application(s), if any, shall also stand disposed of.
A photocopy of this order be placed on the file of connected case.