Citation : 2026 Latest Caselaw 3911 P&H
Judgement Date : 28 April, 2026
CRM-M-2041-2026
::1::
(207) IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-2041-2026 (O & M)
Date of Decision: 28.04.2026
Balkar Singh @ Lovepreet
... Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Karandeep Singh Sidhu, Advocate
for the petitioner.
Mr. M.S. Toor, AAG, Punjab.
****
JASJIT SINGH BEDI, J.
The prayer in this fourth petition under Section 483 BNSS, 2023
is for the grant of regular bail in case bearing FIR No.34 dated 21.11.2022
under Sections 21/29/61/85 of the Narcotics Drugs and Psychotropic
Substances Act, 1985 (later on added Section 25 of the NDPs Act and
25/25(1) of the Arms Act, 1959) registered at Police Station SSOC, District
Amritsar.
2. The brief facts of the case are that Sukhvir Singh @ Kala and
Bindu Singh @ Binder (since granted the concession of regular bail vide
order dated 09.01.2026, Annexure P-6) were apprehended with 13 kg of
heroin on 22.11.2022 The aforementioned persons named one Manpreet
Singh (Since granted the concession of regular bail vide order dated
24.01.2023 passed by the Judge, Special Court, Amritsar, Annexure P-3)
CRM-M-2041-2026 ::2::
along with Balkar Singh @ Lovepreet Singh. Both Manpreet Singh and
Balkar Singh @ Lovepreet Singh (petitioner) were arrested on 22.11.2022.
Manpreet Singh got recovered a broken phone whereas from Balkar Singh @
Lovepreet Singh the recovery of five AK 47 rifles, five pistols .30 bore,
magazines and cartridges came to be effected. Manpreet Singh disclosed that
the master mind of the operation was his father Harbans Singh (expired in
police custody on 20.01.2023). Manpreet Singh also named one BSF
personnel namely, Gurnam Singh who has not been nominated in the present
case as an accused. On the disclosure statements of Manpreet Singh and
Balkar Singh @ Lovepreet Singh, the Investigating Agency made an attempt
to arrest Harbans Singh S/o Tula Singh. On 28.12.2022 they conducted a raid
at his house but could not find him. However, on the basis of a secret
information Jaswinder Singh @ Jassa (since granted the concession of regular
bail vide order dated 10.09.2025, Annexure P-5), Sandeep and Amandeep
Singh (granted bail vide common order dated 07.10.2023, Annexure P-4)
were nominated as accused. From Jaswinder Singh @ Jassa 500 grams of
heroin came to be recovered, from Sandeep Singh 500 grams of heroin came
to be recovered but from Amandeep Singh no recovery has been effected.
Thereafter, on 19.01.2023 Harbans Singh and Surinder Singh (granted bail
vide common order dated 07.10.2023 Annexure P-4) were arrested and from
the jacket worn by Harbans Singh 1 kg of heroin came to be effected.
3. The learned counsel for the petitioner contends that the petitioner
has been falsely implicated in the present case. No contraband has been
recovered at his instance. Recovery of weapons has been foisted upon him.
CRM-M-2041-2026 ::3::
As he is in custody since 22.11.2022 but only 01 of the 42 prosecution
witnesses has been examined so far, the Trial of the present case is not likely
to be concluded anytime soon and therefore, he is entitled to the concession of
bail.
4. The learned counsel for the State, on the other hand, contends
that the allegations against the petitioner are grave inasmuch as 05 AK 47
rifles, 05 pistols .30 bore, magazines and cartridges have been recovered at
his instance. It is a case of narco-terrorism with cross-borders ramifications.
The petitioner is also an accused in one other case under the NDPS Act
arising out of FIR No.282/2022 dated 06.11.2022 under Sections 21/29 of the
NDPS Act, Police Station Gurhar Sahai. Therefore, keeping in view the
nature of the allegations levelled, he is not entitled to the concession of bail.
He, however, concedes that the petitioner is in custody since 22.11.2022 and
only 01 of the 42 prosecution witnesses has been examined so far.
5. I have heard the learned counsel for the parties.
6. As per the case of the prosecution, Sukhvir Singh @ Kala and
Bindu Singh @ Binder were apprehended with 13 kgs. of heroin. The
aforesaid persons named one Manpreet Singh and Balkar Singh @ Lovepreet
Singh (petitioner). On the arrest of the petitioner, the recovery of 05 AK 47
rifles, 05 pistols .30 bore, magazines and cartridges has been effected. On
conviction, the petitioner could be sentenced for upto 14 years imprisonment
even under the Arms Act. The allegations against the petitioner are grave. It
is apparent that the petitioner and his co-accused are involved in cross-border
narco-terrorism. Additionally, he is an accused in one other case under the
CRM-M-2041-2026 ::4::
NDPS Act bearing FIR No.282/2022 dated 06.11.2022 under Sections 21/29
of the NDPS Act, Police Station Gurhar Sahai. Therefore, the satisfaction that
he has not committed the offence in question and is not likely to commit one
in future cannot be recorded.
7. In view of the aforementioned facts and circumstances, I do not
deem it appropriate to grant the concession of bail to the petitioner and
therefore, the present petition stands dismissed.
8. The pending application(s), if any, shall stand disposed of
accordingly.
(JASJIT SINGH BEDI) JUDGE
28.04.2026 sukhpreet Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No
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