Jaspal Singh @ Goldy vs Union Of India

Rajesh Bhardwaj, J

Prayer in the present petition is for grant of regular bail to the petitioner in a case NCB Crime No.79 dated 15.11.2022, registered under Sections 8, 8-A, 18, 21, 23, 25, 27-A, 27-B, 28, 29, 60 & 62 of NDPS Act, 1985, at Police Station NCB Chandigarh.

Succinctly facts of the case are that the complaint in the present case was registered on the basis of secret information. The NCB, Chandigarh raided several places in Ludhiana and made huge recovery of contraband from accused persons and complicity of Akshay Chhabra, Ajay Grover, Jaspal Singh @ Goldy (petitioner), Satish Kumar and Mandeep Singh was found. As per NCB, total recovery of 39.936 kgs of heroin, 557 grams of opium, 31 bullets with magazine and 2850 currency note of UAE has been effected. During investigation, it was found that they are involved in a highly organized transnational drug syndicate. The petitioner was arrested on 28.11.2022. The petitioner approached the Court of learned Judge, Special Court, Ludhiana praying for grant of regular bail. However, after hearing both the sides, the learned Court finding no merit in the same, dismissed the bail application filed by the petitioner vide order dated 11.07.2023. Hence, the petitioner is before this Court praying for grant of regular bail by way of filing the present petition.

Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely implicated in the present case. It is submitted that in the original complaint, the petitioner was neither named nor any role or involvement was attributed to him. He contends that the petitioner has been arrayed as an accused on the basis of the disclosure statement of the co-accused, wherein, no direct evidence has been found against the petitioner. He submits that even otherwise, disclosure statement of the co-accused is not even an admissible evidence. He contends that no recovery has been effected from the petitioner. He submits that the petitioner is a carpenter, who has been alleged to have made wooden boxes/cavities. He submits that the petitioner is behind the bars from the last about 3½ years, however, till date the prosecution has not been able to conclude the prosecution evidence and thus, the fundamental right of the petitioner of speedy trial is miserably defeated. To buttress his arguments, he submits that co-accused, namely, Sandeep Singh @ Chatha has been granted regular bail by Hon'ble Supreme Court vide order dated 24.11.2025. He, thus, submits that in the overall facts and circumstances of the present case, the petitioners deserve to be granted regular bail.

Per contra, learned counsel for NCB has vehemently opposed the submissions made by learned counsel for the petitioner. He has submitted that out of total 99 prosecution witnesses, cross-examination of remaining 04 witnesses, including Investigating Officer Paramjeet Singh is yet to be conducted. He submits that the co-accused, Akshay Kumar Chhabra, was the kingpin of the drug trafficking network, while petitioner was part of the syndicate and conspiracy. The petitioner made wooden boxes/cavities for storing the contraband. He contends that cavity was also found in the Micra car on the confession of the petitioner and the same was used as transportation of the heroin. He submits that the petitioner is an expert in making wooden spaces/cavities and while working in the syndicate, they used to hide contraband and drug money in the cavities created by the petitioner. He has further submitted that 39.936 Kgs of heroin, 0.557 kgs of opium, 23.645 kgs of caffeine, 04 bottles of HCL, 01 bottle of Chemical, 31 live bullets and one magazine have been recovered, and two clandestine laboratories/heroin processing hideouts of the group have also been busted and 54 properties, 51 bank accounts, and 24 vehicles have been frozen in the present case. He further contends that recovery effected in the present case is commercial in nature and thus, provisions of Section 37 of the NDPS Act are attracted. He, thus, submits that in the facts and circumstances of the present case, no case for grant of regular bail is made out.

After hearing learned counsel for the parties and perusing the record, it is deciphered that the allegations against the petitioner pertain to his involvement in a highly organized transnational drug trafficking syndicate, with specific attribution of his role in facilitating trade-based money laundering and hawala transactions. The allegations against the petitioner are not only serious but also prima facie strike at the very core of national security and public order. Recovery of approximately 40 kgs of heroin, indicating commercial-scale trafficking, along with evidence of a systematic pattern of narcotics smuggling, has been made in the present case. During investigation, the petitioner was found to be an expert of creating cavities/wooden spaces, in which the contraband and drug money was used to transported by the petitioner alongwith the accused persons. Moreover, the trial is at an advanced stage, with only cross-examination of four prosecution witnesses remain to be done. In such circumstances, no ground is made out to extend the concession of bail to the petitioner.

In view of the huge quantity of narcotics recovered, the seriousness of the allegations, the petitioner's role in the financial operations of the syndicate, the transnational nature of the crime, and its serious implications for national security, this Court does not consider it appropriate to grant bail to the petitioner. Accordingly, the present petition is dismissed.

Nothing said herein shall be treated as an expression of opinion on the merits of the case.