Allowed

Ajay Kumar @ Ajay v. State of Punjab

Punjab & Haryana HC26 Aug 2026CRM-M/33770/2026

Case brief

AI extract

What is this about?

Three petitioners sought bail in a narcotics case arising from a joint recovery in a jail barrack. The High Court allowed bail, noting no personal recovery was made and investigation was complete, distinguishing them from co-accused with specific incriminating evidence.

What did the court decide?

Regular bail granted to all three petitioners subject to furnishing bail/surety bonds to the satisfaction of the trial court.

Ajay Kumar @ Ajay Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2026)

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CRM-M-33770-2026 CRM-M-36887-2026 CRM-M-41405-2026 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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222 CRM-M-33770-2026 AJAY KUMAR @ AJAY . . . Petitioner(s) Versus STATE OF PUNJAB . . . Respondent(s) 225 CRM-M-36887-2026 JOGINDER SINGH @ DOGAR . . . Petitioner(s) Versus STATE OF PUNJAB . . . Respondent(s) 230 CRM-M-41405-2026 VISHAL @ BAHAMAN . . . Petitioner(s) Versus STATE OF PUNJAB . . . Respondent(s) Decided on : 26.08.2026

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CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Ranjodh Singh Sidhu, Advocate, for the petitioner (in CRM-M-33770-2026 and CRM-M-36887-2026). Mr. Manish Giri, Advocate for the petitioner (in CRM-M-41405-2026).

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Mr. Adeshwar Singh Pannu, AAG, Punjab.

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-.-

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SANJAY VASHISTH, J. (Oral)

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By way of this common order, all the aforementioned

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petitions are being disposed of, as they arise out of one common FIR.

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LAVISHA 2026.08.27 15:27 I attest to the accuracy and integrity of this document PHHC, Chandigarh

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CRM-M-33770-2026 CRM-M-36887-2026 CRM-M-41405-2026

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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

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hereunder:-

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Sr. No.	Petition No.	Name of Petitioner (s)	FIR No.	Date	Section(s)	Police Station	District
1.	CRM- M- 33770- 2026	Ajay Kumar @ Ajay, aged about 29 years	03	03.01.2025	18-B, 20, 21-C, 22-C & 28, 29, 30 & 21-B, 18-C of NDPS Act, 1985 and sections 42, 50-A of Prisons Act,1894	Goindwal Sahib	Tarn Taran
2.	CRM- M- 36887- 2026	Joginder Singh @ Dogar, aged about 23 years	03	03.01.2025	18-B, 20, 21-C, 22-C & 28, 29, 30 & 21-B, 18-C of NDPS Act, 1985 and sections 42, 50-A of Prisons Act,1894	Goindwal Sahib	Tarn Taran
3.	CRM- M- 41405- 2026	Vishal @ Bahaman, aged about 23 years	03	03.01.2025	18-B, 21- C, 22-C, 28, 29, 30, 61, 85 of NDPS Act and Sections 42,52-A of	Goindwal Sahib	Tarn Taran

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LAVISHA 2026.08.27 15:27 I attest to the accuracy and integrity of this document PHHC, Chandigarh

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CRM-M-33770-2026 CRM-M-36887-2026 CRM-M-41405-2026 3

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Prisons Act

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On the very outset, counsel for the respective petitioners places reliance upon the order dated 23.03.2026, whereby co-accused namely 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 been granted the concession of regular bail by this Court. The facts pertaining to the present case, as mentioned in the order dated 23.03.2026 (passed in CRM-M-55922-2025 and other connected cases), reads as under:-

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“ A) Brief Facts of case:-

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•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

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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

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LAVISHA 2026.08.27 15:27 I attest to the accuracy and integrity of this document PHHC, Chandigarh

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CRM-M-33770-2026 CRM-M-36887-2026 CRM-M-41405-2026

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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

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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.

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B)Nomination of accused:-

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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

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LAVISHA 2026.08.27 15:27 I attest to the accuracy and integrity of this document PHHC, Chandigarh

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CRM-M-33770-2026 CRM-M-36887-2026 CRM-M-41405-2026

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Chamkaur Singh @ Sunny Ipetitioner in CRM-M-59927-20251, Amolak Singh alias Anmol, Angrej Singh alias Raja [petitioner in CRM-M-55922-2025), Deepak Kumar @ Deepa Ipetitioner 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.

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C) Apprehension :

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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.

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D) Search and Seizure:

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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

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LAVISHA 2026.08.27 15:27 I attest to the accuracy and integrity of this document PHHC, Chandigarh

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CRM-M-33770-2026 CRM-M-36887-2026 CRM-M-41405-2026

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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 petitioners 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.

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E) Verification of Recovered Mobile Phones:-

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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, theFSL report is still awaited.”

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As a primary argument, it is submitted by learned counsel for the respective petitioners 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 CRM-M-50011-2025, and up till that time, he had remained in custody for a period of about 8 months and 15 days.

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Learned counsel for the petitioner(s) submits that from coaccused 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

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LAVISHA 2026.08.27 15:27 I attest to the accuracy and integrity of this document PHHC, Chandigarh

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CRM-M-33770-2026 CRM-M-36887-2026 CRM-M-41405-2026 7

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with a mobile phone, etc., were recovered. It is further submitted that no separate recovery has been effected from any of the petitioners herein.

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Apart from this, it is also pointed out that, all the recovered articles are now in the possession of the Investigating Agency, and none of the petitioners herein is required for any specific purpose to join any further proceedings pertaining to the investigation. Moreover, as per the investigation brought on record till date, almost all the petitioners/nominated accused allegedly used certain mobile numbers (8872384158) and made unauthorized calls to their respective family members within the jail premises. However, no material has surfaced during the investigation to show that the accused persons involved in the present case made any phone call to any person already involved in drug smuggling or to any external drug syndicate.

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Further submit that investigation qua all the petitioners herein, namely Vishal alias Bahaman, Joginder Singh @ Dogar and Ajay Kumar @ Ajay has already been completed, and the final report under Section 173(2) Cr.P.C. has also been submitted.

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Additionally, it is submitted that the rigours of Section 37 of the NDPS Act, as considered and discussed in the bail order passed in the case of co-accused Amolak Singh @ Anmol, shall also apply to the present petitions for the purpose of considering the prayer for grant of

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LAVISHA 2026.08.27 15:27 I attest to the accuracy and integrity of this document PHHC, Chandigarh

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CRM-M-33770-2026 CRM-M-36887-2026 CRM-M-41405-2026

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bail to the petitioners herein. Thus, counsel jointly pray for grant of regular bail to the petitioners in the present case.

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In response to the arguments addressed by learned counsel for the petitioners, learned State counsel, produces the custody certificates of all the three petitioners dated 26.08.2026 in Court today, which are taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner.

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As per the custody certificate, in the present case, petitioner – Vishal @ Bahaman has already undergone 11 months and 25 days period inside jail.

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As per the custody certificate, in the present case, petitioner – Ajay Kumar has already undergone 1 year and 13 days period inside jail.

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As per the custody certificate, in the present case, petitioner – Joginder Singh has already undergone 05 months and 08 days period inside jail.

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Learned State counsel is unable to dispute any of the factual assertion as stated by counsel for the petitioners today before this Court, including stage of trial. However, he prays for dismissal of the present petitions.

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This Court has heard the submissions advanced by learned counsel for the parties and has also perused the record available before it.

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LAVISHA 2026.08.27 15:27 I attest to the accuracy and integrity of this document PHHC, Chandigarh

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CRM-M-33770-2026 CRM-M-36887-2026 CRM-M-41405-2026 9

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Upon being queried by the Court, learned State counsel, on instructions, submits that no narcotic contraband or any other incriminating material was recovered from the personal search of any of the petitioners herein.

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In view of the circumstances discussed in the order dated 31.10.2025 passed in CRM-M-50011-2025, whereby co-accused Amolak Singh @ Anmol was granted the concession of regular bail, coupled with the admitted position that nothing was recovered from the personal search of any of the petitioners, this Court is of the considered view that the petitioners, who were arrested on different dates for the purpose of interrogation/investigation, need not be detained any longer in custody, merely on the ground that they are confined in Barrack No. 5 and Ward No. 6 of Central Jail, Goindwal.

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Accordingly, this Court is of the considered opinion that petitioners deserve the concession of regular bail. Hence, present petitions are allowed.

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All the three 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.

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

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LAVISHA 2026.08.27 15:27 I attest to the accuracy and integrity of this document PHHC, Chandigarh

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CRM-M-33770-2026 CRM-M-36887-2026 CRM-M-41405-2026 10

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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.

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17. Petitions stand disposed of.

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18. A photocopy of this order be placed on the files of other connected cases.

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(SANJAY VASHISTH) JUDGE

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26.08.2026 Lavisha Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

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LAVISHA 2026.08.27 15:27 I attest to the accuracy and integrity of this document PHHC, Chandigarh