[Cites 6, Cited by 0]
Punjab-Haryana High Court
Darshan Singh Alias Raja Kanwada vs State Of Punjab on 24 April, 2026
Author: Rajesh Bhardwaj
Bench: Rajesh Bhardwaj
CRM-M-4028-2026 1
210 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-4028-2026
Date of decision : 24.04.2026
Darshan Singh @ Raja Kanwada .....Petitioner
versus
State of Punjab ..... Respondent
CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ
Present :- Mr.Hitesh Chopra, Advocate for the petitioner (through V.C.).
Mr. Raj Karan Singh, A.A.G., Punjab.
RAJESH BHARDWAJ, J. (Oral)
1. Present petition has been filed for grant of regular bail to the
petitioner in case FIR No.180 dated 21.08.2025, under Sections 21(B),
27(a), 29,61, 85 of NDPS Act and Section 25(8) of Arms Act, registered at
Police Station Division B, District Police Commissionerate, Amritsar.
2. Succinctly the facts of the case are that on 21.08.2025, when
the police party was on patrolling at Jahajgarh, Amritsar, saw a young man
coming on foot towards the firecracker market. On seeing the police, he
got perplexed and tried to turn back and threw some heavy substance
wrapped in a polythene bag from the right pocket of his jacket into the
grass. On suspicion, he was stopped and on asking, he disclosed his name
to be Vikas Sharma @ Honey. He was suspected to be carrying some
contraband in the polythene bag being thrown by him and thus, search
was conducted. On conducting the search, 09 grams of heroin alongwith
drug money of Rs.400/- was recovered. He failed to produce and licence
regarding possession of the same and thus, the FIR was registered and he
was arrested on spot. On registration of FIR, investigation commenced.
During investigation, complicity of the petitioner was surfaced in the
present case on the basis of disclosure statement made by co-accused,
Vikas Sharma @ Honey and thus, he was also arrayed as an accused in the
present case. Resultantly, the petitioner was arrested on 30.09.2025.
During further investigation, recovery of two pistols of 30 bore and 32
bore alongwith magazines, 05 lives cartridges and two mobile phones
were recovered from the possession of the petitioner. The petitioner
approached the learned Additional Sessions Judge, Amritsar for grant of
bail, however, after hearing both the sides, the same was declined by the
trial Court vide order dated 15.01.2026. Being aggrieved, the petitioner is
before this Court by way of filing the present petition.
3. Learned counsel for the petitioner has contended that the
petitioner has been falsely implicated in the present case. He submits that
the alleged recovery of 9 grams of heroin was effected from co-accused,
Vikas Sharma @ Honey and it is on his disclosure statement, the
petitioner has been implicated in the present case. He submits that the
petitioner was illegally arrested by the police and the recovery of the
pistols and cartridges was planted upon him by the police party. He submit
that the petitioner is implicated in more than 20 cases and it is on account
of the same, time and again, he is being implicated by the Police in false
and frivolous cases. He submits that the petitioner is behind bars since the
date of his arrest but till date even investigation is not concluded. He thus,
submits that his fundamental right of speedy trial is being defeated and he
deserves to be granted bail.
4. Per contra, learned State counsel has opposed the
submissions made by the counsel for the petitioner. He has submitted that
the complicity of the petitioner was surfaced during investigation of the
co-accused from whom 09 grams of heroin was recovered. He submits
that petitioner is a habitual offender. He submits that at the time of arrest,
the petitioner was found to be in possession of two pistols 30 bore; 32
bore alongwith magazines, 05 lives cartridges and two mobile phones. He,
on instructions, has submitted that the case is still under investigation.
5. On hearing counsel for the parties and perusing the record, it
is deciphered that the petitioner was arrayed as an accused in the present
case only on the basis of disclosure statement of the co-accused. The
recovery of armaments i.e. pistols and cartridges, is alleged against the
petitioner. The petitioner is behind bars since the date of his arrest and till
date investigation is pending. Though the petitioner is involved in other
cases, however, in majority of the cases he is on bail.
6. The veracity of the allegations would be assessed only after
conclusion of the trial and on the appreciation of evidence to be led by
both the parties before the trial Court.
7. The trial of the case will take sufficiently long time. Thus,
keeping in view the overall facts and circumstances of the case, this Court
is of the opinion that learned counsel for the petitioner succeeds in making
out a case for grant of regular bail. Accordingly, the present petition is
allowed and the petitioner is ordered to be released on bail on his
furnishing bail/surety bonds to the satisfaction of the concerned
Court/Duty Magistrate.
8. In case the bail bonds are not furnished by the petitioner
during the period of 07 days from today, then his further custody period
after one week will not be counted in the present case.
24.04.2026 ( RAJESH BHARDWAJ )
ps-I JUDGE
Whether speaking/reasoned : Yes/No
POOJA SHARMA Whether reportable : Yes/No
