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SANJAY VASHISTH, J. (ORAL) –

1. Present petition has been filed under Section 483 of BNSS, seeking grant of regular bail, in case, in case FIR No. 3 dated 03.01.2025, registered under Sections 18-B, 20, 21-C, 22-C of NDPS Act and Sections 42, 52-A of Prisons Act, 1894 (later on added offence under Section 28, 29, 30, 61, 85 of NDPS Act) at Police Station Goindwal Sahib, District Tarn Taran.

2. The facts pertaining to the case have been taken from the status report, which was filed and reproduced in order dated 23.03.2026 passed in CRM-M-55922-2025 and other connected cases, which read as under:

“A) Brief Facts of case:-

•That on 03.01.2025, between 12:30 PM to 01:40 PM, checking in Barrack No.5 of Ward No.6, was conducted on the basis of secret information, which led to recovery of 12 touch screen mobile phones, 1 keypad mobile phone and other prohibited/contraband items by breaking the flood of the pit made inside the barrack for inmates i.e. 2 VIVO mobile phones, without SIM, one Oppo Mobile phone having one Airtel Sim No.0923, ID A291000921 1291445550, one VIVO mobile phone having one Airtel Sim ID 899100921318695505 and one JIO Sim ID 8991867040036507254, two Redmi mobile phones without Sim, one Oppo mobile phone without SIM, one Realme mobile phone having one Airtel SIM ID 8991000921129118336 U, one Redmi mobile phone having one Airtel SIM 8991000922507132873 U, one MOTOROLA keypad mobile phone, three mobile chargers, 6 airpods, one data cable, 16 earphones, 9 yellow tapes and 2 white tapes wrapped packets of substance containing 5150 intoxicant tablets, one packet wrapped in white tape containing sulphate like narcotic substance, weighing 218 grams, two packets wrapped in yellow envelopes containing opium, weighing 102 grams including envelope, 12 yellow and 8 white wrapped packets containing substance like heroin, weighing 1255 grams including envelope and in this regard, the present case FIR No.03 dated 01.01.2025, under section 18(b)/20/21-C/22-C of the NDPS Act & 42/52-A of the Prison Act has been registered at Police Station Goindwal Sahib, District Tarn Taran against 1 unknown person. On dated 09.01.2025, SI Balwinder Singh nominated (i) Amolak Singh @Anmol (ii) Angrej Singh @ Raja (iii Chamkaur Singh @Soni (iv) Deepak Kumar @ Deepa @ Kochar and (v) Palwinder Singh Pinder as accused in the present FIR. Thereafter, the investigation of the present case was transferred from SSP Tarn Taran to the Anti-Narcotics Task Force (ANTF) vide Director, BOL, Punjab office order No. 106-111/Crime/Inv-5 dated 08.01.2025. Subsequently, vide order No. 1704-09/AC-5 dated 28.01.2025, the Special Director General of Police, Special Task Force, Punjab, transferred the investigation to ANTF, Border Range, Amritsar, and constituted a Special Investigation Team (SIT) in the present case. In pursuance thereof, the NOTANTF, Border Range, Amritsar received the case file on 22.04.2025, whereafter the investigation was taken over and conducted by the SIT.

B)Nomination of accused:-

That during the course of investigation on 09.01.2025, the Investigating 68Officer sought the list of the inmates of Barrack No.5 of Ward No.06 of Central Jail, Sri Goindwal Sahib and total 36 inmates were found to be lodged in Barrack No.5 and from the said 36 inmates, Several cases commercial cases under the provisions of NDPS Act have been registered against the accused Chamkaur Singh @ Sunny Petitioner in CRM-M-59927-20251, Amolak Singh alias Anmol, Angrej Singh alias Raja [petitioner in CRM-M-55922-2025), Deepak Kumar @ Deepa petitioner in CRM-M-59687-2025| and Palwinder Singh alias Bhinder and on the basis of which aforesaid accused have been nominated in the present FIR and thereafter 31 other co-accused have been nominated in the present case vide DDR No.33 dated 04.07.2025, incorporated in Roznamcha at Police Station Goindwal Sahib, District Tarn Taran.

C) Apprehension:

• That during the course of investigation, the arrest of accused Chamkaur Singh Sunny [petitioner in CRM-M-59927-2025], Amolak Singh alias Anmol, Deepak Kumar @ Deepa[petitioner in CRM-M-59687-2025], Angrej Singh alias Raja petitioner in CRM-M-55922-2025] and Palwinder Singh alias Bhinder has been made in the present case on 11.01.2025 by investigating officer from P.S. Goindwal Sahib, Distt. Tarn Taran, after obtaining their production warrants from the learned Court of Illaqa Magistrate, Khadur Sahib, District Tarn Taran. Thereafter the arrest of accused Ranjodh Singh @ Bablu [petitioner in CRM-M-63877-2025], Ajay S/o Harbans Singh [petitioner in CRM-M-67405-2025], Ajay S/o Ranjit Singh, Ajay s/o Mukhtar Singh, Bharat Singh S/o Makhan Singh has been made in the present case on 11.08.2025 by ANTE, Boder Range, Amita after obtaining their production warrants.

D) Search and Seizure:-

• That on 03.01.2025, during the checking of Barrack No.05 of Ward No.6 of the jail, the jail authority broke the pit made for the prisoners to rest in the barrack and 13 mobile charges, 06 Airpods, 1 data cable, 16 ear phones, 515 white colored Intoxicant Tablets, 218 grams of Sulfa like Intoxicant Powder, 98 grams of opium and 1170 grams of heroin were recovered from the pit made in the Barrack. The recovery effected in the present case is a joint recovery, as the aforesaid articles were recovered from a common concealed pit inside the barrack where multiple inmates, including the petitioner and other co-accused, were lodged together. No recovery has been effected from the conscious possession of any individual accused, and the recovery pertains to the common area accessible to all inmates lodged in the said barrack.

E) Verification of Recovered Mobile Phones:-

• That the recovered 13 mobile phones were sent to FSL to get the detailed record regarding aforesaid mobile phones vide letter no.1875/ Reader dated 12.11.2025. Subsequently, a reminder letter was also sent by the office of anti Narcotics Task Force, Border Range, Amritsar to State Cyber Crime, SAS Nagar regarding extraction of data from the aforesaid recovered 13 mobile phones vide letter no.2188/ Reader dated 30.12.2025. However, the FSL report is still awaited.”

3. At the very outset, and as a primary argument, it is submitted that a total of 36 jail inmates, all of whom were confined in Barrack No. 5 of the jail, have been made accused in the present case. One of them, namely Amolak Singh @ Anmol, has been granted the concession of regular bail vide order dated 31.10.2025 passed in CRMM-50011-2025, and up till that time, he had remained in custody for a period of about 8 months and 15 days.

4. Learned counsel for the petitioner submits that from co-accused Amolak Singh @ Anmol, nothing specific was recovered except for the allegations, according to which a huge quantity (5,150) of intoxicating tablets, 98 grams of opium, and 1,170 grams of heroin, along with a mobile phone, etc., were recovered. It is further submitted that no separate recovery has been effected from the petitioner.

The applicability of the rigours of Section 37 of the NDPS Act, as discussed in the bail order of co-accused Amolak Singh @ Anmol, shall also apply to the present petition for the purpose of considering the plea for bail of the petitioner herein.

He further submits that co-accused Angrej Singh alias Raja, Deepak Kumar @ Deepa @ Kochar @ Deepak Kumar Kochar, Ranjodh Singh @ Babblu, Ajay Singh, Chamkaur Singh @ Sunny @ Chamkor Singh and Lovepreet Singh @ Love have already been granted regular bail by this Court vide common order dated 23.03.2026 passed in CRM-M-55922-2025 and other connected cases.

5. In view of the circumstances discussed in the order dated 31.10.2025 passed in CRM-M-50011-2025, and admitted position that nothing was recovered from the personal search of the petitioner, petitioner, who is in custody since 30.08.2025, need not be detained any longer in custody merely on the ground that he was confined in Barrack No. 5 and Ward No. 6 of Central Jail, Goindwal. Moreover, co-accused Angrej Singh alias Raja, Deepak Kumar @ Deepa @ Kochar @ Deepak Kumar Kochar, Ranjodh Singh @ Babblu, Ajay Singh, Chamkaur Singh @ Sunny @ Chamkor Singh and Lovepreet Singh @ Love have already been granted regular bail by this Court vide common order dated 23.03.2026 passed in CRM-M-55922-2025 and other connected cases.

Accordingly, this Court is of the considered opinion that the petitioner deserves the concession of regular bail. Present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/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.

6. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

7. Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case.

8. It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to be cancelled.

9. Petition stands disposed of.

Petition allowed.

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