Mangal Singh Alias Manga vs State Of Punjab

CRM-M-839-2026 (O&M) -:1:-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
( 205 )
CRM-M-839-2026 (O&M)
Date of Decision: 03.09.2026
MANGAL SINGH ALIAS MANGA
… Petitioner
Versus
STATE OF PUNJAB
... Respondent
-.-
CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL
Present:- Mr. Jashandeep Singh Sandhu, Advocate for
Mr. Pratham Sethi, Advocate
for the petitioner.
Ms. Navreet Kaur, Asst. AG, Punjab.
-.-
VIRINDER AGGARWAL , J . (Oral)
1. Petition under Section 483 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (BNSS) seeking the concession of regular bail to the
petitioner in connection with FIR No.271 dated 09.10.2025, registered
under Section 21-C of the Narcotic Drugs and Psychotropic Substances
Act, 1985, at Police Station ANTF, District SAS Nagar ( Annexure P-1 ),
wherein Sections 29 and 27-A of the NDPS Act, 1985 were subsequently
added.
2. Briefly stated, the prosecution case, as emerging from the FIR,
is that on 09.10.2025, SI Sanjeev Kumar, along with the police party,
while on patrol duty and conducting searches for suspicious persons and
drug smugglers, was present near Subhanpur Bus Stop when, at about
07:00 PM, he received secret information that Dimple, resident of Mehta
GAURAV SOROT
2026.09.07 09:30
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integrity of this document

CRM-M-839-2026 (O&M) -:2:-
Road, Makboolpura, presently residing at Dashmesh Avenue, Amritsar,
was engaged in the sale and supply of intoxicating substances and was
then standing under Raiya Bridge, near Pillar No.2, Dana Mandi, Beas-
Amritsar Road, awaiting a customer. The information was communicated
to the superior officer through WhatsApp in purported compliance with
Section 42 of the NDPS Act, whereafter a raid was conducted at the
disclosed location.
2.1. At about 07:30 PM, the Dimple, matching the description
furnished by the informer and carrying a jute zip bag in her right hand,
was apprehended at the spot. Upon being apprised of her statutory right
under Section 50 of the NDPS Act, she expressed her desire to have her
search conducted in the presence of a Gazetted Officer. Consequently,
DSP Bikramjit Singh, a Gazetted Officer, was called to the spot and
arrived at about 08:25 PM. After the accused was again apprised of her
statutory right, she expressed confidence in the DSP and consented to the
search being conducted by him. Efforts to associate independent public
witnesses were allegedly made, but none agreed to join the proceedings.
2.2. Upon search of the jute zip bag carried by the accused, a
polythene packet containing a lumpy and powdery substance was
allegedly recovered. The substance, upon testing with a drug detection kit,
was found to be heroin and, on weighing, measured 2 kilograms 61 grams.
The recovered contraband was thereafter converted into a parcel and
sealed with the seals bearing the initials “SK” and “B.S.” of SI Sanjeev
Kumar and DSP Bikramjit Singh, respectively, and taken into possession
vide recovery memo duly attested by the witnesses and verified by the
GAURAV SOROT
2026.09.07 09:30
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CRM-M-839-2026 (O&M) -:3:-
DSP. The prosecution further asserts that the entire recovery proceedings
were videographed through the e-Sakshya app. On the basis of the alleged
recovery of 2 kilograms 61 grams of heroin, the present FIR came to be
registered under Section 21-C of the NDPS Act.
3. Learned counsel for the petitioner contends that the petitioner
is innocent and has been falsely implicated in the present case and has
remained in judicial custody since 14.10.2025. It is submitted that the
petitioner has been implicated primarily on the basis of the disclosure
statement of co-accused Dimple, who allegedly handed over to the
petitioner 5.50 lakhs, stated to be proceeds of the sale of 500 grams of ₹
heroin, after retaining her share, pursuant to the instructions of the
petitioner’s brother. Learned counsel submits that the petitioner is alleged
to have been involved in financing the illicit trafficking of narcotic
substances; however, the amount recovered from his possession is claimed
to represent legitimate agricultural sale proceeds. In support thereof, it is
contended that the petitioner had received sums of 3,12,165/- and ₹
3,72,676.50/- towards the sale of agricultural produce through M/s Bitta
₹
Aulakh Trading Company on 13.09.2025 and 30.09.2025, through M/s
Sakatar Singh Kuljinder Singh, and that the said amounts were recovered
from his possession at the time of arrest but have been sought to be
portrayed by the prosecution as drug money. On these premises, it is
argued that the nature and source of the recovered amount constitute
matters requiring adjudication upon evidence and, particularly in view of
the petitioner’s period of incarceration, he deserves the concession of
GAURAV SOROT
2026.09.07 09:30
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integrity of this document

CRM-M-839-2026 (O&M) -:4:-
regular bail. Accordingly, allowing of the present petition has been prayed
for.
4. The custody certificate produced by learned State counsel is
taken on record, subject to all just exceptions.
4.1. Per contra, learned State counsel has vehemently opposed the
prayer for grant of regular bail, submitting that the allegations against the
petitioner are grave and serious and relate to his alleged involvement in
financing illicit drug trafficking. It is contended that, having regard to the
nature and gravity of the alleged offence, the circumstances in which the
petitioner is stated to have received the drug proceeds, and the statutory
embargo contained in Section 37 of the NDPS Act, no case for extending
the concession of regular bail is made out at this stage. Dismissal of the
present petition, being devoid of merit, has accordingly been prayed for.
5. Having heard learned counsel for the parties and upon
meticulous examination of the record, this Court finds that the trial is
presently at an incipient stage. As per the prosecution version, the
petitioner-Mangal Singh @ Manga was arrested on 14.10.2025 and, during
investigation, suffered a disclosure statement to the effect that an amount
of 5.50 lakhs, allegedly representing drug proceeds, had been received by
₹
him from co-accused Dimple outside the Court complex at Amritsar.
Pursuant thereto, the petitioner allegedly got the said amount recovered
from his residential premises, where it was found concealed in a polythene
bag beneath fodder kept in the cattle shed. The manner of the alleged
receipt, concealment and subsequent recovery of the amount constitutes a
GAURAV SOROT
2026.09.07 09:30
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CRM-M-839-2026 (O&M) -:5:-
circumstance which, at this stage, cannot be divorced from the prosecution
allegation regarding financing of illicit drug trafficking.
5.1. The defence plea that the recovered amount represents
legitimate proceeds arising from the sale of agricultural produce, rather
than drug money, is essentially a matter of evidence and cannot be
conclusively adjudicated upon in proceedings for grant of bail.
Significantly, the copies of the J-Forms relied upon by the petitioner do
not, at this stage, furnish an unequivocal explanation for the entire
recovered amount, particularly as the documents pertaining to the sale
through M/s Bitta Aulakh Trading Company relate to Manjit Kaur,
whereas those concerning M/s Sakatar Singh Kuljinder Singh pertain to
the petitioner. The evidentiary worth, inter se correlation and actual source
of the amounts reflected in the said documents would necessarily require
proper proof and appreciation during trial.
5.2. Having regard to the nature and gravity of the allegations, the
alleged recovery of 5.50 lakhs as drug proceeds pursuant to the ₹
petitioner’s disclosure, the manner of its alleged concealment and
recovery, the specific allegation of financing illicit trafficking, and the fact
that the trial is still at its initial stage, this Court is not persuaded to record,
at this stage, the requisite satisfaction contemplated under Section 37 of
the NDPS Act that there are reasonable grounds for believing that the
petitioner is not guilty of the alleged offence or that he is unlikely to
commit any offence while on bail. The statutory embargo contained in
Section 37 of the NDPS Act, therefore, operates with full force.
GAURAV SOROT
2026.09.07 09:30
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integrity of this document

CRM-M-839-2026 (O&M) -:6:-
Consequently, no ground for extending the concession of regular bail is
made out. The present petition is accordingly dismissed .
6. In view of the final adjudication of the principal proceedings,
all pending miscellaneous applications, if any, arising therefrom or
ancillary thereto, shall stand disposed of accordingly. No separate or
further orders are warranted in respect thereof.

( VIRINDER AGGARWAL )
03.09.2026 JUDGE
Gaurav Sorot
Whether reasoned / speaking? Yes / No
Whether reportable? Yes / No
GAURAV SOROT
2026.09.07 09:30
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integrity of this document