Prabhjot Singh @ Prabh vs State Of Punjab

VIKRAM AGGARWAL, J (ORAL)

The prayer in the present petition preferred under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’) is for the grant of regular bail to the petitioner in case FIR No.18, dated 27.02.2026 registered at Police Station Mattewal, District Amritsar under Sections 21/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

Status report by way of affidavit of Sh. Kamalmeet Singh, Deputy Superintendent of Police, Sub Division Majitha, Amritsar, as also custody certificate dated 19.09.2026 filed in Court today are taken on record.

On 27.02.2026, the petitioner was apprehended and 15 grams (intermediate quantity) of heroin is alleged to have been recovered from him.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated and that the contraband was planted upon the petitioner. He submits that the petitioner in custody for the last 6 months and 22 days, he having been arrested on 27.02.2026; investigation stands completed; final report has been submitted but charges are yet to be framed as a result of which, none out of 14 witnesses has been examined; the trial will take a sufficiently long time, and, therefore, no useful purpose would be served by keeping the petitioner in custody any longer.

Per contra, learned State counsel has opposed the bail application, stating that the antecedents of the petitioner are not clean. He submits that the petitioner is involved in as many as 8 other cases out of which, in some cases, trial is going on and in others, he is on production warrants.

To this, learned counsel for the petitioner submits that in all cases, the petitioner has been falsely implicated.

I have considered the submissions made by learned counsel for the parties.

No doubt, the petitioner is involved in some other cases. However, it also has to be kept in mind that the alleged recovery in the present case is 15 grams of heroin and the petitioner is in custody for the last more than 6 months, he having been arrested on 27.02.2026. Investigation stands completed. Final report has been submitted and on account of non-framing of charges, none out of 14 witnesses has been examined. It is, therefore, clear that the trial will take a sufficiently long time. Mere pendency of other cases against him would not dissuade the Court to release him on bail in the present case keeping in view the alleged recovery and the period of custody. In the considered opinion of this Court, no useful purpose would be served by keeping the petitioner in custody any longer.

In view of the aforementioned facts and circumstances, without expressing any opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on regular bail on his 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.