P&H High Court Grants Bail in 18g Heroin Case, Says Custody for Minor Recovery Unjustified
Case Name: Jagmohan Singh vs. State of Punjab
Date of Judgment: 10 November 2025
Citation: CRM-M-57332-2025
Bench: Hon’ble Mr. Justice Surya Partap Singh
Held: The Punjab & Haryana High Court granted bail to the petitioner after finding that the alleged heroin recovery weighed only marginally above the notified small quantity. The Court noted that the petitioner had remained in custody for over four months, had clean antecedents, and faced no further recovery. The Court held that continued detention would not serve any purpose and that there was no material showing risk of tampering or non-cooperation. The principles laid down in Dataram, Satender Kumar Antil, and Tapas Kumar Palit guided the decision.
Summary: The FIR alleged that the police received a tip-off claiming that the petitioner and two others were travelling on a motorcycle to Village Batta with heroin. The police intercepted the vehicle and allegedly recovered 18 grams of heroin from the occupants. The petitioner denied involvement and argued that the recovery amount placed the case near the lower threshold and did not justify prolonged pretrial incarceration. The Court examined the material and identified several key factors: the petitioner’s custody of more than four months, his clean record, the absence of further recovery, and the slow pace of trial. The Court also emphasised the constitutional right to a speedy trial and noted that bail is the rule and jail is the exception. Supreme Court rulings on undertrial rights and judicial discretion in bail reinforced the petitioner’s entitlement.
Decision: The Court allowed the petition and granted regular bail to Jagmohan Singh. He must furnish personal and surety bonds before the trial Court. He shall not threaten, influence, or induce any witness. He must provide his address at the time of furnishing bonds and shall not leave India without the Court’s permission. Any breach of these conditions may lead to cancellation of bail.