IN THE 221 Arshpreet @ Machar State of Punjab CORAM : HON'BLE Present :- Mr. Mr. ***** VINOD S. BHARDWAJ The Bharatiya Nagarik petitioner in case Sections 21-C, 29 1985 at Police Station 2. Briefly accused Harmesh seeing the police Accordingly, they polythene bag, 300 4. Learned that the contraband accused Harmesh is to the effect that recovery of any nature is in custody since complete and there THE HIGH COURT OF PUNJAB AT CHANDIGARH CRM-M-26472 Date of decision: Machar VERSUS HON'BLE MR. JUSTICE VINOD . Raghav Soni, Advocate for the petitioner. Mr. Mohit Kapoor, Sr.DAG, Punjab ***** BHARDWAJ, J. (Oral) The instant first petition has been filed Nagarik Suraksha Sanhita, 2023 for case bearing FIR No.150 dated 29 of the Narcotic Drugs and Psychotropic Station Chheharta, District Amritsar Briefly summarized, the facts of the Harmesh Singh @ Meshi was accompanied police party said Harmesh Singh @ Meshi they were apprehended by the police 300 grams of heroin was recovered. Learned counsel appearing on behalf contraband in question was recovered from Harmesh Singh @ Meshi and the only allegation that he was standing alongwith Harmesh nature whatsoever has been effected since 04.08.2025. The investigation there are 16 witnesses cited by the prosecution PUNJAB & HARYANA CHANDIGARH 26472-2026(O&M) decision: 14.05.2026 ...Petitioner ...Respondent VINOD S. BHARDWAJ petitioner. Punjab. filed under Section 483 of the grant of regular bail to the 04.08.2025 registered under Psychotropic Substances Act, Amritsar. the present case are that co- accompanied by the petitioner and on Meshi threw a polythene bag. police and on search of the said recovered. behalf of the petitioner contends from a polythene bag held by co- allegation against the petitioner Harmesh Singh @ Meshi. No effected from the petitioner and he in the present case is already prosecution out of which none SUMIT SINGH GUSAIN 2026.05.15 16:04 I attest to the accuracy and integrity of this document 2 221 CRM-M-26472-2026(O&M) has been examined so far and as such, the trial is likely to take long to conclude. 4. Learned State Counsel contends that the petitioner was standing alongwith the co-accused and they threw the contraband on seeing the police party, hence, the presumption under the NDPS Act would be applicable against the petitioner as well regarding awareness of the contents of the said polythene. He however does not dispute that no actual recovery has been effected from the petitioner or on his disclosure in the present case. The period of custody as well as the stage of trial are also not disputed. 5. I have heard learned counsel appearing on behalf of the respective parties and have gone through the documents appended along with the present petition. 6. Taking into consideration the period of custody already undergone by the petitioner, the nature of allegations levelled against him, the role attributed to him, the absence of recovery as well as the stage of trial and noticing that there would be arguable issues pertaining to the conscious possession of the petitioner with respect to the contraband, I deem it appropriate to allow the present petition. 7. The instant petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing requisite bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate, concerned. 8. It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witnesses in any manner directly or indirectly. SUMIT SINGH GUSAIN 2026.05.15 16:04 I attest to the accuracy and integrity of this document 3 221 CRM-M-26472-2026(O&M) 9. The observation made hereinabove shall not be construed as an expression on the merits of the case and the Trial Court shall decide the case on the basis of available material. 10. Pending application(s), if any, shall stand disposed of. 14.05.2026 (VINOD S. BHARDWAJ) Sumit Gusain JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUMIT SINGH GUSAIN 2026.05.15 16:04 I attest to the accuracy and integrity of this document