Harish Kumar vs State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
220+227+243
1) CRM-M-36046-2026
Decided on : 11.11.2026
Arshdeep Singh @ Toni . . . Petitioner(s)
Versus
State of Punjab . . . Respondent(s)
2) CRM-M-50941-2026
Jagmeet Singh alias Happy . . . Petitioner(s)
Versus
State of Punjab . . . Respondent(s)
3) CRM-M-50133-2026
Sandeep Ahuja . . . Petitioner(s)
Versus
State of Punjab . . . Respondent(s)
4) CRM-M-62206-2026
Harish Kumar . . . Petitioner(s)
Versus
State of Punjab . . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. Ranbir Singh Sekhon, Advocate
for the petitioner(s) (in CRM-M-36046-2026).
Mr. Gurmeet Singh Saini, Advocate
for the petitioner(s) (in CRM-M-50941-2026).
Mr. Nakul Sharma, Advocate and
Mr. Karan Sirohi, Advocate
for the petitioner(s) (in CRM-M-50133-2026).
Mr. Randeep Singh, Advocate
for the petitioner(s) (in CRM-M-62206-2026).
Mr. Gurpartap Singh, AAG, Punjab.

JAWALA RAM
2026.11.13 10:54
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CRM-M-36046-2026 & CONNECTED CASES - 2 -
SANJAY VASHISTH, J. (Oral)
1. This order shall dispose of CRM-M-36046-2026, CRM-M-
50941-2026, CRM-M-50133-2026, and CRM-M-62206-2026 as all the
petitions are interconnected and have arisen out of same FIR. However, the
lead case is CRM-M-36046-2026.
2. The instant petitions have been filed under Section 483 of
BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the
petitioners, during the pendency of trial, who have been booked in a criminal
case arising out of First Information Report, as detailed here-under:-
Name of
Petitioner(s)
FIR
No.
Date Section(s) Police
Station
District
Arshdeep
Singh @ Toni
(petitioner in
CRM-M-
36046-2026)
41 26.02.2026 S. 21 & 27-A of NDPS
Act, 1985, S. 7 & 7A of
PC Act, 1988
(S. 29 of NDPS Act, added
later on)
ANTF SAS Nagar
(Mohali)
Jagmeet Singh
alias Happy
(petitioner in
CRM-M-
50941-2026)
41 26.02.2026 S. 21, 27 & 27(a) of NDPS
Act, 1985, S. 7 & 7A of
PC Act, 1988
(S. 29 of NDPS Act, added
later on)
ANTF SAS Nagar
(Mohali)
Sandeep
Ahuja
(petitioner in
CRM-M-
50133-2026)
41 26.02.2026 S. 21 & 27(a) of NDPS
Act, 1985, S. 7 & 7A of
PC Act, 1988 (S. 29 of
NDPS Act, added later
on)
Anti-
Narcotics
Force
SAS Nagar
(Mohali)
Harish Kumar
(petitioner in
CRM-M-
62206-2026)
41 26.02.2026 S. 21, 27(A), 27, 29 of
NDPS Act, 1985, S. 7 &
7(a) of PC Act, 1988, as
amended by PC
(Amendment) Act, 2018
ANTF,
District
ANTF
Wing
SAS Nagar
(Mohali)
3. Factual sequence as recorded in the FIR is that :-
i) On 25.02.2026 SP Gurinderbir Singh alongwith other police
official(s) was present at Tarn Taran to Amritsar road in
connection with receiving of some secret information. At that
time he received a mobile call from Smt. Ashwani Gotiyal, AIG
(Operations), ATF Punjab that in the evening of 24.02.2026,
some investigating officer of ANTF unit, Ferozepur has rounded
JAWALA RAM
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CRM-M-36046-2026 & CONNECTED CASES - 3 -
up a person by the name of Tony alongwith motorcycle and drug
money of Rs.10-12 lacs, 132 bore licensed pistol was also
recovered from him.
ii) Said IO has not disclosed the said fact to his
Superior(s)/Senior(s) rather without taking any action accused
namely, Tony was sent back alongwith his family members. IO
had kept with him the money recovered from the apprehended
accused-Tony and demanded Rs.30,000/- more. Investigation
was also handed over by him to DSP Prithipal Singh and came
back to the office of ANTF Ferozepur.
iii) SP Gurinderbir Singh then inquired about the ANTF IO from
one MHC and Guard as to which of the IO. Thereafter he came
to know that said IO was SI Balkar Singh who had rounded up
the accused namely Tony on 24.02.2026 and that he had come
back to the office at 10:00 p.m.
iv) SP Gurinderbir Singh also called the DSP Bhupinder Singh
ANTF Unit Ferozepur, ASI Mohinder Singh, HC Sukhdeep
Singh, SC Harpreet Singh, SC Amarjit Singh and C Himant
Kumar, who were working in the team of SI Balkar Singh.
v) ASI Mohinder Singh disclosed that on 24.02.2026, a team
headed by SI Balkar Singh was present near Village Sodhewala,
where a secret information was received regarding a person on
Splendor motorcycle possessing consignment of Heroin from
two unidentified persons boarding on Black Activa.
vi) ASI Mohinder singh also disclosed that after installing a Naka
informed person was stopped and inquired when he was on his
motorcycle and then he disclosed his identity as Arshdeep Singh
JAWALA RAM
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CRM-M-36046-2026 & CONNECTED CASES - 4 -
@ Tony. From polythene Envelop amount of Rs.10,50,000/-
was recovered and Rs.15,000/- was recovered from the jean pant
worn by him. One pistol .32 bore and 07 live cartridges were
also recovered from his dub and on inquiry Arshdeep Singh @
Tony had also disclosed that on asking of his friend Mohit
Sachdeva, he was going to handover the money to two
unidentified persons who were on black Activa.
Thus, from two unidentified persons on Activa, Heroin was et to
be received by making payment of Rs.10,50,000/-.
vii) Regarding the license of .32 bore pistol Tony told that same is
lying in house and can be produced by him.
viii) Since it was dark time SI Balkar Singh informed the team
members that he has already talked to the Senior officers and
Arshdeep Singh @ Tony would be called tomorrow and on this
said Tony was handed over to his family members.
ix) Next day on 25.02.2026 when again SI Balkar Singh alongwith
team members was present at Grain Market, Ferozepur,
Arshdeep Singh @ Tony came and got checked his Arm
License.
x) Thereafter, SI Balkar Singh in the presence of Mohinder Singh,
Ashok, Narinder Kumar and Pritam Singh handed over the Arm
License, pistol alongwith seven live cartridges, mobile phone,
and some cash the legal heirs of Arshdeep Singh, who has
assured to call Arshdeep Singh as when called in future.
xi) SP Gurinderbir Singh ANTF, Ferozepur then called Arshdeep
Singh @ Tony from his house, who thereafter on interrogation
disclosed his father’s name as Ramesh Kumar.
JAWALA RAM
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CRM-M-36046-2026 & CONNECTED CASES - 5 -
Further informed that for possessing of 15 kgs of Heroin one
FIR No.81 dated 224.07.2025, u/s 21 of NDPS Act was
registered against him at Police Station Ghalkhurd and was
lodged in Central Jail Ferozepur.
Another FIR No. 467 dated 21.12.2025 u/s 21 of NDPS Act was
also registered against him at PS City Ferozepur for possessing
of only 10 gms of Heroin.
One more case for possession of 1.400 Kg of Heroin was
registered against his friend Mohit Sachdeva.
Tony also disclosed that it was on 24.02.2026 when his friend
Mohit called him at the mobile of his sister and asked
him(Arshdeep Singh @ Tony) to meet his uncle on his shop
situated at Zira Gate Ferozepur, where amount of Rs.10,50,000/-
was handed over to him for its further deliver to some
unidentified persons and then to bring Heroin to hand it over to
Mohit Sachdeva. In lieu of all this he (Arhsdeep Singhg @
Tony) was to receive only Rs.10,000/-
Also disclosed that it was that moment when he was going to
deliver said money, some police officials apprehended him
where the money and the licensed pistol was recovered by the
police official(s) but later on, after doing some inquiry, he was
handed over to his relatives.
Also informed that on 25.02.2026 he again appeared before SI
Balkar Singh and got checked his Arm License and again after
doing some writing work pistol alongwith some articles were
handed over to him.
Also disclosed that Harish s/o Kashmir Chand told him to give
JAWALA RAM
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CRM-M-36046-2026 & CONNECTED CASES - 6 -
Rs.30,000/- to finish this case and on this said amount was given
by him to Harish.
Thereafter when SI Balkar Singh called him (Arshdeep Singh @
Tony), he did not come.
xii) It was during further inquiry by SI Gurinderbir Singh ANTF,
Ferozepur FIR was registered and amount of Rs.10,50,000/- was
found lying in the official Almirah which as a drug money had
recovered from accused-Arshdeep Singh @ Tony, who was left
alongwith his licensed pistol.
4. Learned counsel for the petitioners submit that there are nine
accused in the present case, namely, (i) Arshdeep Singh @ Toni (petitioner in
CRM-M-36046-2026), (ii) Jagmeet Singh @ Happy (petitioner in CRM-M-
50941-2026), (iii) Sandeep Ahuja (petitioner in CRM-M-50133-2026), (iv)
Harish Kumar (petitioner in CRM-M-62206-2026), (v) Mohit Sachdeva, (vi)
Ramesh Kumar, (vii) Sukhchain Singh @ Sonu, (viii) Arjun and (ix) SI
Balkar Singh.
Further submit that petitioner – Arshdeep Singh @ Toni was
arrested on 26.02.2026, petitioner – Jagmeet Singh @ Happy was arrested on
04.03.2026, petitioner – Sandeep Ahuja was arrested on 07.06.2026 and
petitioner – Harish Kumar was arrested on 01.03.2026.
5. Learned counsel for the petitioners contend that petitioners have
been falsely implicated in the present case and, insofar as most of them are
concerned, their alleged involvement is based upon disclosure statements of
co-accused, which are inadmissible in evidence, except to the extent
permissible under law.
It is further argued that co-accused SI Balkar Singh, against
JAWALA RAM
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CRM-M-36046-2026 & CONNECTED CASES - 7 -
whom serious allegations have been levelled regarding his conduct in
apprehending and subsequently releasing Arshdeep Singh @ Toni, has
already been granted concession of anticipatory bail vide order dated
31.08.2026, passed in CRM-M-31040-2026. Thus, when said co-accused has
been granted protection from arrest, petitioners, who are seeking regular bail
after having remained inside jail, also deserve consideration for grant of said
concession.
Further submit that investigation stands completed and challan
has already been presented before learned trial Court on 20.08.2026.
However, charges are yet to be framed. There are 49 prosecution witnesses
cited by the prosecution, out of whom none has been examined so far. Thus,
conclusion of trial is not likely in the near future.
In view of aforesaid circumstances, learned counsel for the
petitioners pray for grant of concession of regular bail to the petitioners.
6. Per contra , learned State counsel, learned State counsel has filed
status report dated 10.11.2026 (in CRM-M-36046-2026) in Court today,
which is taken on record. Office to tag the same at appropriate place. A
copy thereof has been handed over to the opposite counsel.
While vehemently opposing the bail petitions, learned State
counsel submits that allegations levelled against the petitioners are serious in
nature and pertain to an organized nexus involving police officials and
persons connected with illicit trafficking of narcotic substances. It is
contended that petitioner – Arshdeep Singh @ Toni was apprehended with an
amount of Rs.10,50,000/-, stated to be drug money, and a licensed .32 bore
pistol along with seven live cartridges. He was allegedly proceeding to
deliver said amount to unidentified persons for obtaining heroin, which was
to be supplied to Mohit Sachdeva.
JAWALA RAM
2026.11.13 10:54
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integrity of this document

CRM-M-36046-2026 & CONNECTED CASES - 8 -
Learned State counsel further submits that subsequent
investigation revealed involvement of other accused persons, including
present petitioners, in the alleged conspiracy and that Section 29 of NDPS
Act was added during investigation.
So far as grant of anticipatory bail to co-accused SI Balkar Singh
vide order dated 31.08.2026, passed in CRM-M-31040-2026, is concerned,
learned State counsel does not dispute said factual position. However, he
submits that said order cannot, by itself, constitute a ground for grant of
regular bail to present petitioners. Accordingly, prays for dismissal of
present bail petitions.
7. I have considered rival submissions and perused material
available on record.
8. It is not disputed that investigation stands completed and challan
has already been presented before learned trial Court on 20.08.2026.
However, charges are yet to be framed and none of the 49 prosecution
witnesses has been examined so far. Thus, conclusion of trial is likely to take
considerable time. It is also relevant that co-accused SI Balkar Singh has
already been granted concession of anticipatory bail vide order dated
31.08.2026, passed in CRM-M-31040-2026. Though said order does not, by
itself, entitle petitioners to bail on the ground of parity, same is a relevant
circumstance while considering their prayer, particularly when all the
petitions arise out of the same FIR.
9. Further, petitioners are already inside jail and their continued
incarceration, when investigation stands completed and their further custodial
interrogation is not shown to be required, would serve no useful purpose.
Having regard to overall facts and circumstances, nature of
allegations, stage of trial and period likely to be taken in its conclusion, this
JAWALA RAM
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CRM-M-36046-2026 & CONNECTED CASES - 9 -
Court is of the considered view that petitioners deserve concession of regular
bail.
Accordingly, without expressing any opinion on the merits of
the case, all the petitions are allowed. Petitioners are ordered to be released
on bail, subject to their 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.
10. Needless to observe that the petitioners shall not extend any threat
and shall not influence any prosecution witness in any manner directly or
indirectly.
11. Any of the discussion done and recorded here above, shall not
be construed as an expression of opinion on the facts of the case. Therefore,
trial Court is expected to decide the case by taking an independent view, on
the basis of evidence available on record, as expeditiously as possible, in
accordance with law.
12. Petitions stand disposed of .
Pending misc. application(s), if any, also stand disposed of.
Photocopy of this order be placed on the files of other connected
cases.
(SANJAY VASHISTH)
JUDGE
November 11, 2026
J.Ram
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
JAWALA RAM
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