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[Cites 7, Cited by 0]

Punjab-Haryana High Court

Sunny Singh vs State Of Punjab on 27 May, 2026

Author: Rajesh Bhardwaj

Bench: Rajesh Bhardwaj

                     CRM-M No.29654 of 2026                -1-


                     232
                                THE HIGH COURT OF PUNJAB AND HARYANA
                                          AT CHANDIGARH

                                                     CRM-M No.29654 of 2026
                                                     Date of Decision: 27.05.2026

                     Sunny Singh
                                                                                 ..... Petitioner

                                                      Versus

                     State of Punjab
                                                                               ..... Respondent


                     CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ

                     Present:     Mr. Rakesh Kumar, Advocate
                                  for the petitioner.

                                  Mr. Ekom Pal Sagoo, A.A.G., Punjab.

                     RAJESH BHARDWAJ, J.

1. Present second petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.26, dated 30.04.2025, under Sections 21, 25 & 29 of NDPS Act; Section 25 of Arms Act and Section 61(2) of BNSS, registered at Police Station SSOC Amritsar, District Amritsar.

2. Succinctly the facts of the case are that the police party while on patrolling on 30.04.2025, received a secret information to the effect that one Manpreet Singh @ Manu, Ranjit Singh @ Jeeta and Sunny (present petitioner), are in contact with Pakistani Smugglers and are involved in Inter Border smuggling of heroin, arms and ammunition. It was informed that the above said accused persons after procuring heroin and arms further supply the same in the area of District Tarn Taran. It was POOJA SHARMA 2026.05.29 20:32 I attest to the accuracy and integrity of this document CRM-M No.29654 of 2026 -2- informed that after procuring heroin and ammunition from Indo Pak Border through drone, they would deliver the same to some party in their Verna Car in Amritsar and in case of nakabandi, they could be apprehended along with the same. On finding the information reliable, nakabandi was done. A Verna car was seen coming and on suspicion, the same was stopped. It was suspected to be carrying some contraband and thus, the search was conducted. On conducting the search, 1 kg 8 grams of heroin along with one pistol of 9 mm caliber and two live rounds were recovered. They failed to produce any licence regarding the conscious possession of the same and thus, the FIR was registered and they were arrested on the spot. On registration of the FIR, the investigation commenced. The samples taken were sent to the FSL. On completion of the investigation, the challan was presented. The petitioner approached the Court of learned Judge, Special Court, Amritsar praying for the grant of regular bail. However after hearing both the sides and finding no merit in the same, the learned trial Court, dismissed the bail application filed by the petitioner vide order dated 18.12.2025. Being aggrieved, the petitioner earlier approached this Court by way of filing of CRM-M- 8813-2026, however, the same was dismissed as withdrawn on 11.03.2026. Hence, the petitioner is before this Court by way of filing the present second petition for the grant of regular bail.

3. Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely and frivolously implicated in the present case. He submits that as per the version of FIR, the present POOJA SHARMA 2026.05.29 20:32 I attest to the accuracy and integrity of this document CRM-M No.29654 of 2026 -3- petitioner was in the car from which the present recovery has been effected, however, the petitioner was picked up from his house, one day prior to the registration of present FIR, as is evident from the CCTV footage appended as Annexure P-3 and order dated 25.09.2025, passed by the trial Court, securing the location of the petitioner and the Investigation Officer. He submits that the alleged recovery of 01 kg 08 grams of heroin along with ammunition, has been planted upon the petitioner. He submits that the alleged recovery from the car has been effected in a public place, however, no independent witness was joined by the investigating agencies. He has submitted that the challan has already been presented and charges are also framed. He has submitted that the petitioner is behind bars since the date of his arrest, however there is no material progress in the trial. He has thus submitted that in the facts and circumstances, the petitioner deserves to be granted regular bail.

4. Per contra, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner. He submits that recovery of 01 kg 08 grams of heroin, one pistol of 9 mm caliber along with two live rounds, were duly effected from the Verna car, in which the petitioners were travelling. It is submitted that the recovery effected in the present case is 01 kg 08 grams of heroin, which is a commercial quantity and thus the provisions of Section 37 of NDPS Act are attracted. He has submitted that in all there are 03 accused in the present FIR and all 03 are in custody. He submits that the petitioner is a habitual offender, who is involved in 02 more cases, out of which 01 case POOJA SHARMA 2026.05.29 20:32 I attest to the accuracy and integrity of this document CRM-M No.29654 of 2026 -4- is under the NDPS Act. He, on instructions, has submitted that the investigation is complete, the challan stands presented; only charges have been framed and out of total 23 prosecution witnesses, none has been examined so far. He has thus submitted that no case for the grant of regular bail to the petitioner is made out and the present petition deserves to be dismissed. He has placed on record the custody certificate of the petitioner.

5. After hearing learned counsel for the parties and perusing the record, it is deciphered that the recovery of 01 kg 08 grams of heroin, one pistol of 9 mm caliber along with two live rounds, were duly effected from the Verna car, in which the petitioner was travelling along with the co-accused. The contraband recovered in the present case is 01 kg 08 grams of heroin, which falls under the category of commercial quantity. As submitted before this Court, petitioner is a habitual offender, who is involved in 02 more cases, out of which, one case is of similar nature. Perusal of the record shows that the petitioner earlier approached this Court by way of filing of CRM-M-8813-2026, however, the same was dismissed as withdrawn on 11.03.2026 and now the petitioner has again approached the Court just after 2 ½ months with the similar prayer. This Court does not find any change in circumstances which would entitle the petitioner for grant of regular bail. The trial is at threshold as no witness, out of total 23 prosecution witnesses, has been examined till date. In all there are 03 accused arrested in the present case and all are behind bars. POOJA SHARMA 2026.05.29 20:32 I attest to the accuracy and integrity of this document CRM-M No.29654 of 2026 -5-

6. Keeping in view the above said position, this Court does not find any ground to release the petitioner on bail at this stage. Nothing said herein shall be treated as an expression of opinion on the merits of the case.





                                                                 (RAJESH BHARDWAJ)
                     27.05.2026                                         JUDGE
                     ps-I         Whether speaking/reasoned :    Yes/No
                                  Whether reportable        :    Yes/No




POOJA SHARMA
2026.05.29 20:32
I attest to the accuracy and
integrity of this document