SURINDER KUMAR vs STATE OF PUNJAB

CRM-M-37066-2026 (O&M) -1- 2026:PHHC:096389 {ete ee tee es IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-37066-2026 (O&M) Date of Decision: 15.07.2026 Surinder Kumar ...Petitioner VS. State of Punjab ...Respondent Coram: Hon’ble Mr. Justice N.S.Shekhawat Present : Ms. Gaganbir Kaur Kahlon, Advocate, for the petitioner. Mr. Sartaj Singh Gill, Senior D.A.G., Punjab. sok N.S.Shekhawat J. 1. The petitioner has filed the instant petition under Section 483 of Bhartiya Nyaya Suraksha Sanhita, 2023 (for short BNSS, 2023) [Section 439 of Cr.P.C.] with a prayer to grant regular bail to him in case FIR No.79 dated 24.09.2023, registered under Sections 21(c), 23, 25, 27-A, 29 of NDPS Act, Police Station Kalanaur, District Gurdaspur. 2. Learned counsel for the petitioner contends that in the present case, the FIR was registered on the basis of secret information, which was never reduced into writing and the mandatory provision of Section 42 of the NDPS Act was violated. Apart from that, no other independent witness was associated while affecting the recovery from the petitioner and his co-accused. Even the recovery memo and other documents were prepared by the police, while sittin