Lakhvir Singh Alias Lakhveer Singh ... vs State Of Punjab
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Punjab-Haryana High Court

Lakhvir Singh Alias Lakhveer Singh ... vs State Of Punjab on 10 December, 2025

CRM-M-39947-2025


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             IN THE HIGH COURT OF PUNJAB & HARYANA
                          AT CHANDIGARH
221
                                                     CRM-M-39947-2025
                                                     Date of decision: 10.12.2025

LAKHVIR SINGH ALIAS LAKHVEER SINGH ALIAS KHIRI

                                                                  ....Petitioner
                                Versus

STATE OF PUNJAB                                                     ...Respondent

CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR

Present :    Mr. S.S. Kaith, Legal Aid counsel for the petitioner.

             Mr. Gorav Kathuria, DAG Punjab.

YASHVIR SINGH RATHOR. J.(Oral)

CRM-49760-2025

1. Present application under Section 528 of BNSS, 2023 has been filed

for placing on record the order dated 16.09.2025 passed by this Court (Annexure

P-5).

2. For the reasons mentioned in the application, the same is allowed.

Annexure P-5 is taken on record subject to all just exceptions.

CRM-M-39947-2025

3. This is the first application under Section 483 of BNSS, 2023 for

grant of regular bail in case FIR No.92, dated 21.06.2024 registered at Police

Station Sadar Kotkapura, District Faridkot, under Sections 21, 22 NDPS Act

(Section 29 of NDPS Act, Sections 42 and 52-A of Prisons Act and under Section

188 of IPC (under Section 223 BNS) were added subsequently).

4. Learned counsel for the petitioner as well as learned State counsel

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have been heard and material collected by the police during investigation has been

perused.

5. Brief facts of the prosecution case are that on 21.06.2024 at about

1.50 PM, ASI Chamkur Singh alongwith other police officials was present near

Dera Radha Swami, Faridkot, when he received a secret information to the effect

that Gurpreet Singh @ Gunni and Lakhnveer Singh @ Kheeri (petitioner) indulge

in supply of zarda, beeri/cigarettes, heroin, intoxicating capsules, intoxicating

tablets and mobile phones to Modern Central Jail, Faridkot by wrapping them in

tape and they throw the same inside the jail from outside during the dark hours.

Today, they are present in their agriculture fields on the tracks towards Jalaleana

Village on Kotkapura, Faridkot Highway alongwith the contraband and mobile

phones and in case, raid is conducted, they can be apprehended alongwith huge

quantity of contraband. The information was found to be reliable and ruqa was

sent to the police station for registration of FIR. Thereafter, the police party

reached the disclosed place and a raid was conducted from where Gurpreet Singh

@ Gunni and Lakhnveer Singh @ Kheeri were apprehended with 15 grams of

heroin, 350 loose intoxicating capsules of red colour without strips, 700 loose

intoxicating tablets without strips, 5 mobile phones make Hero, 2 mobile phones

make Nokia without SIM, one mobile phone make Jio without SIM, 143 packets

of zarda, 188 bundles of beeries, 5 tape rolls of yellow colour and one motorcycle

bearing registration No.PB-04X-6148 which were taken into possession. On

interrogation, they disclosed that they were acquainted with one in jail namely

Saudagar Singh Fauji and Gaurav and they remain in touch with him

telephonically and supply narcotics and other material to said Saudagar Singh

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Fauji by throwing the same across the wall of the jail at their instance. Thereafter,

accused Saudagar Singh Fauji as well as other accused Gaurav were arrested and

after completion of investigation, final report under Section 173 Cr.P.C. has been

presented.

6. Learned counsel for the petitioner contended that the petitioner has

been falsely implicated. Co-accused namely Gurpreet Singh @ Gunni and

Saudagar Singh @ Mani Fauji, who are similarly situated have already been

released on bail by this Court, vide order dated 16.09.2025. Learned counsel next

contended that the petitioner is in custody since 21.06.2024 and after completion

of investigation, challan has been presented. Thereafter, charge has been framed

and out of 57 witnesses cited by the prosecution, only one witness has been

examined till date and conclusion of the trial is likely to take a long time. Learned

counsel further contended that in view of his long incarceration, petitioner is

entitled to be released on bail, as prolonged incarceration, generally militates

against the most precious fundamental right guaranteed under Article 21 of the

Constitution and the conditional liberty must override the statutory embargo

created under Section 37 of the NDPS Act. In support of his contention, learned

counsel for the petitioner has relied upon judgments passed in CRM-M-21794 of

2023 - Sandeep Singh v. State of Punjab decided on 05.05.2023, CRR-1785 of

2018 (O&M)- Vicky Kaur v. State of Punjab, decided on 13.08.2018, CRM-M-

14029 of 2018 Kamlesh v. State of Punjab, decided on 06.05.2015, CRM-M-

17321 of 2025 Jassu Ram @ Jasuram v. State of Punjab, decided on

04.04.2025 and a judgment of Hon'ble Supreme Court in Special Leave to Appeal

(Crl.) No. (s).12788/2023 - Nandalal Mondal @ Abhay Mondal v. The State of

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West Bengal, judgment of Hon'ble Supreme Court passed in Criminal Appeal

No.4883/2025 - Santosh Pawar Vs. State of Chhattisgarh & Anr. decided on

14.11.2025 and (2022) 10 SCC 52, Satender Kumar Antil Vs. Central Bureau

of Investigation.

7. On the other hand, learned State counsel has opposed the bail and

argued that petitioner is a habitual offender and he is involved in 05 more cases. In

view of his past conduct, he is not entitled to be released on bail.

8. Hon'ble Supreme Court in 2023 Live Law (SC) 533, Rabi Prakash v.

State of Odisha has held that prolonged incarceration, generally militates against

the most precious fundamental right guaranteed under Article 21 of the Constitution

and in such a situation, the conditional liberty must override the statutory embargo

created under Section 37 of the NDPS Act. To the same effect is the law laid down

by Hon'ble Supreme Court in 2024 (4) RCR (Criminal) 172, Ankur Chaudhary v.

State of Madhya Pradesh 2023 AIR(SC) 1648, Mohammad Muslim alias

Hussain v. State (NCT of Delhi) in which Hon'ble Supreme Court while granting

regular bail to an accused, from whom commercial quantity of contraband was

recovered, has held that grant of bail on the ground of undue delay in trial cannot be

said to be fettered by Section 37 of the NDPS Act. A co-ordinate Bench of this

Court has also held so in judgment reported as Law Finder Doc Id #2770222

Garpawandeep Singh alias Bihari v. State of Punjab decided vide judgment

dated 27.08.2025 passed in CRM-M-19408 of 2025 wherein 260 grams of heroin

was allegedly recovered. Hon'ble Supreme Court in Special Leave to Appeal

(Criminal) No.12788/2023 titled Nandalal Mondal alias Abhay Mondal v. The

State of West Bengal, vide judgment dated 03.01.2024 while taking into

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consideration the period of custody already undergone by the petitioner/under- trial,

the fact that he does not have any criminal antecedents and also keeping in view the

prolonged incarceration, ordered release of the petitioner on bail who was found in

possession of 10,000 ml of codeine phosphate - a cough syrup which falls within

the commercial quantity. Hon'ble Supreme Court in Criminal Appeal

No.4883/2025 titled Santosh Pawar Vs. State of Chhattisgarh & Anr. (supra),

has held that appellant who was being prosecuted for being in possession of

commercial quantity of narcotic substance was entitled for bail in view of her

incarceration for a period of 19 months. In Satender Kumar Antil's case (supra),

prolonged incarceration and inordinate delay engaged the attention of the Hon'ble

Supreme Court of India, which considered the correct approach towards bail, with

respect to several enactments, including Section 37 of NDPS Act. The Court

expressed the opinion that Section 436A of Criminal Procedure Code, 1973 (which

requires inter alia the accused to be enlarged on bail if the trial is not concluded

within specified periods) would apply.

9. In the present case also, petitioner was found in possession of 15

grams of heroin and 303 grams of tramadol hydrochloride. Petitioner is in custody

since 21.06.2024 and after completion of investigation, challan has already been

presented but the trial has not been concluded till date and there is also no

likelihood of the same being concluded soon. As such, the conditional liberty must

override the statutory embargo created under Section 37 of the NDPS Act and

grant of bail on the ground of undue delay in trial cannot be said to be fettered by

Section 37 of the NDPS Act. Co-accused namely Gurpreet Singh @ Gunni and

Saudagar Singh @ Mani Fauji, who are similarly situated have already been

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released on bail by this Court, vide order dated 16.09.2025. Moreover,

involvement of petitioner in other cases cannot be made a ground to decline the

bail in the present case, in view of the ratio of law laid down by Hon'ble Supreme

Court in 2012(2) SCC 382, Prabhakar Tiwari Vs. State of UP and Anr. and

2020(1) RCR (Criminal) 831, Maulana Mohd. Amir Rashadi Vs. State of U.P.

and Others. Therefore, taking into consideration the facts and circumstances of

the present case and also the ratio of law laid down in afore-mentioned case laws,

I am of the opinion that no useful purpose will be served by keeping the petitioner

in custody and resultantly, the present petition is allowed and the petitioner is

ordered to be released on bail on his furnishing bail bond and surety bond to the

satisfaction of learned Trial Court/Duty Magistrate concerned, on usual terms and

conditions. However, in addition to the terms and conditions that may be imposed

by the trial Court/Duty Magistrate concerned, petitioner shall remain bound by the

following conditions:-

(i) Petitioner shall not misuse the concession of bail granted to him.

(ii) Petitioner shall not tamper with any evidence, oral or documentary during the trial.

(iii) Petitioner shall regularly appear before the trial Court and he will not commit any offence of similar nature while on bail.

(iv) Petitioner shall deposit his passport, if any, with the trial Court.

(v) Petitioner shall not in any manner delay the trial.

10. In case of breach of any of the aforesaid conditions or the

conditions that may be imposed by the trial Court or upon any other

sufficient cause, the State shall be at liberty to apply for cancellation of bail.

                                                            (YASHVIR SINGH RATHOR)
10.12.2025                                                          JUDGE
amandeep
             Whether speaking/reasoned.                 :      Yes/No
             Whether Reportable.                        :      Yes/No




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