Tuesday, 3 November 2026

Gurpreet Singh @ Lucky v. State of H.P.

Supreme Court of India · 30 October 2026

Criminal Appeal No. ___ of 2026 (arising out of SLP (Crl.) No. 14032 of 2026)

Source Court's copy

The text below is reproduced from the judgment for reference. The article summarises the Court's decision; refer to the original judgment for the authoritative text.

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. ____ OF 2026
@ SLP (CRL.) NO.14032/2026

GURPREET SINGH @ LUCKY APPELLANT
VERSUS
STATE OF H.P. RESPONDENT

[NyayVidhan note: paragraphs 1-9 carry the Court's numbers. The appeal number is left blank in the signed order (shown here as ____). The record of proceedings of 30.10.2026, which follows the signed order, is given in abridged form, with the list of counsel on one line for each side; the digital-signature block and page numbers are left out. The order's own wording is kept as printed (for example, "Narcotic Drugs Psychotropic Substances Act" in paragraph 3 and "alongwith" in paragraphs 6 and 8).]

[Source: Supreme Court of India, www.sci.gov.in — order dated 30 October 2026.]

O R D E R

1. Heard.

2. Leave granted.

3. FIR No.52/2025 came to be registered for the offences punishable under Sections 20, 25 and 29 of the Narcotic Drugs Psychotropic Substances Act, 1985. Upon intercepting a Swift Dzire car, appellant and Amit Kaushal were found to be travelling in the said vehicle. During the search of the vehicle, four packets containing 4.30 Kgs of Charas were retrieved in the dashboard / LED panel area of the vehicle and the appellant and the co-accused came to be arrested. After completion of the investigation, chargesheet has been filed.

4. It is the case of the prosecution that appellant used to contact co-accused – Amit Kaushal constantly preceding the seizure of contraband. It is alleged that appellant had earlier purchased Charas in smaller quantities. In other words, it is the case of the prosecution that he is a purchaser or receiver of the Charas which contraband was seized in the car of Amit Kaushal.

5. Learned counsel appearing for the appellant would contend that Vyas Dev – co-accused, who has been arraigned as an accused, has been released on bail and claims parity.

6. However, appellant does not stand with Vyas Dev and as such question of releasing the appellant on parity does not arise since Vyas Dev was not travelling in the vehicle which contained contraband. The issue relating to the appellant being a receiver of a probable consignment which Amit Kaushal alongwith the appellant was to receive is an issue which will have to be thrashed out after trial.

7. Having regard to the fact that investigation has been concluded and there being no antecedents attributable to the appellant, we are of the considered view that appellant is entitled for being released on bail. Hence, appeal is allowed, impugned order is set aside and appellant is ordered to be released on bail on such terms and conditions as the jurisdictional Court may deem fit to impose.

8. It is made clear that appellant also claims to be only a passenger in the vehicle travelling alongwith co-accused – Amit Kaushal and hence, it is made clear that said co-accused – Amit Kaushal would not be entitled to claim benefit of parity on the basis of the relief granted to the present appellant.

9. Pending application(s), if any, shall stand disposed of.

.................J.
(ARAVIND KUMAR)

.................J.
(VIPUL M. PANCHOLI)

NEW DELHI;
OCTOBER 30, 2026.

ITEM NO.3 COURT NO.9 SECTION II-C

SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s).14032/2026
[Arising out of impugned final judgment and order dated 28-11-2025 in CRMPM No.2603/2025 passed by the High Court of Himachal Pradesh at Shimla]

GURPREET SINGH @ LUCKY Petitioner(s)
VERSUS
STATE OF H.P. Respondent(s)

IA No. 208378/2026 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 208375/2026 - EXEMPTION FROM FILING O.T.

Date : 30-10-2026 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE ARAVIND KUMAR
HON'BLE MR. JUSTICE VIPUL M. PANCHOLI

For Petitioner(s) : Mr. Abhinav Shrivastava- 2766, AOR Ms. Unnati Vaibhav, Adv. Ms. Barkha Agrawal, Adv. Ms. Dibya Kumari, Adv.
For Respondent(s) : Ms. Sanya Kaushal, AOR

UPON hearing the counsel the Court made the following ORDER: Leave granted. Criminal Appeal is allowed in terms of the signed order placed on the file. Pending application(s), if any, shall stand disposed of.

(NEHA GUPTA) COURT MASTER (SH)
(AVGV RAMU) COURT MASTER (NSH)
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