Sarwan Singh vs State of Punjab

SANJAY VASHISTH , J. (Oral)

Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking concession of regular bail in case FIR No. 115 dated 19.05.2026, under Setion 15/27/61/85 of NDPS Act, registered at Police Station Sardulgarh District Mansa.

Case of the prosecution is that on 19.05.2026, HC Jagdish Rai, along with Senior Constable Sandeep Singh, while proceeding towards Sardulgarh in connection with a secret investigation, noticed a clean-shaven man standing near an electricity pole near the Government School, Village Bhora Kalan, carrying a white plastic gunny bag. On seeing the police party, he allegedly tried to turn away and escape, whereupon he was apprehended on suspicion and disclosed his name as Sarwan Singh (petitioner herein). Upon checking the plastic gunny bag in his possession, it was found to contain crushed poppy husk weighing 5 kilograms. Consequently, a ruqa was sent to Police Station Sardulgarh, on the basis of which the present FIR was registered against the accused under Sections 15/61/85 of the NDPS Act.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and is in custody since 19.05.2026, i.e. for a period of about 2 months and 27 days. It is further submitted that the alleged recovery is of 5 kilograms of crushed poppy husk and the petitioner has no previous involvement in any case under the NDPS Act. Though some other cases are registered against the petitioner, none of those cases pertains to an offence under the NDPS Act.

Learned counsel further submits that trial is likely to take considerable time, and continued incarceration of the petitioner would serve no useful purpose, thus, prays for grant of regular bail.

Learned State counsel opposes the prayer for grant of regular bail and submits that the petitioner was apprehended at the spot and 5 kilograms of crushed poppy husk was recovered from his conscious possession. It is further submitted that the petitioner is also involved in other criminal cases, which reflects his antecedents. Learned State counsel, therefore, submits that keeping in view the nature and gravity of the offence and the recovery effected from the petitioner, he does not deserve the concession of regular bail at this stage

I have heard learned counsel for the parties and have perused the paper-book.

Without expressing any opinion on the merits of the case, this Court finds that the petitioner is in custody since 19.05.2026, i.e. for a period of about 02 months and 27 days. The alleged recovery is of 05 kilograms of crushed poppy husk. It is also not disputed that, though other criminal cases are registered against the petitioner, none of the said cases is under the provisions of the NDPS Act. Trial is likely to take considerable time, thus, this Court is of the considered view that the petitioner deserves to be extended the concession of regular bail.

Accordingly, present petition is allowed. Petitioner is ordered to be released on regular bail, subject to his furnishing bail bonds and 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.

Any observation made hereinabove shall not be construed as an expression of opinion on the merits of the case. Learned trial Court shall proceed to decide the case independently, on the basis of evidence available on record, in accordance with law and as expeditiously as possible.

Petition stands disposed of.