IN THE 206 Krishan Kumar State of Punjab CORAM : HON'BLE Present :- Ms. for Ms. ***** VINOD S. BHARDWAJ The Bharatiya Nagarik petitioner in case Sections 22(c), 29 Act, 1985 at Police 2. The secret information the relevant date, Nagar (Mohali) social elements. private vehicles special informer of Jang Singh, Singh son of Mann and Suraj, resident illegal trade of selling said persons were THE HIGH COURT OF PUNJAB AT CHANDIGARH CRM-M-34674 Date of decision: VERSUS HON'BLE MR. JUSTICE VINOD Ms. Kajal, Advocate for Ms. Ramandeep the petitioner. Ms. Savi Nagpal, AAG, Punjab. ***** BHARDWAJ, J. (Oral) The instant first petition has been filed Nagarik Suraksha Sanhita, 2023 for case bearing FIR No.21 dated 29 & 27 of the Narcotic Drugs and Police Station Special Task Force, District The FIR in the present case came to information received by the police. As per date, police officials were present in connection with checking of elements. The police party was stated vehicles equipped with a laptop and printer. informer approached the ASI and disclosed resident of village Manauli, District Mann Singh, resident of village resident of Kharar, District SAS Nagar, selling intoxicant injections. It was were procuring such injections at PUNJAB & HARYANA CHANDIGARH 34674-2025(O&M) decision: 03.02.2026 ...Petitioner ...Respondent VINOD S. BHARDWAJ Ramandeep Kaur, Advocate filed under Section 483 of the grant of regular bail to the 21.01.2025 registered under and Psychotropic Substances District SAS Nagar (Mohali). to be registered on the basis of per the prosecution version, on present in Sector-81, District SAS drug peddlers and other anti- to be patrolling the area in printer. At about 9:00 a.m., a disclosed that Krishan Kumar son District SAS Nagar; Karanvir Sohana, District SAS Nagar Nagar, were indulging in the was further disclosed that the cheaper rates from Sandeep SUMIT SINGH GUSAIN 2026.02.04 10:27 I attest to the accuracy and integrity of this document 2 206 CRM-M-34674-2025(O&M) Kumar, resident of Ambala and thereafter selling the same at higher prices in the areas of Kharar and Mohali. The informer further stated that, on that very day, the aforesaid persons were present in a newly developed colony near Saneta and were waiting for prospective customers. It was conveyed that if a raid was conducted, the said persons could be apprehended along with a substantial quantity of intoxicant injections. On the basis of the said secret information, the ruqa was sent to the police station, leading to the registration of the present FIR and initiation of further proceedings in accordance with law. 3. Learned counsel appearing on behalf of the petitioner submits that pursuant to the receipt of secret information and registration of the FIR, a vehicle bearing Registration No. PB-13-BC-2989 (Alto K10) was intercepted. From the dashboard of the said vehicle, 13 injections of Buprenorphine (2 ml each) and 13 vials of Avil (10 ml each) were recovered. It is contended that the vials of Avil are not scheduled substances under the Narcotic Drugs and Psychotropic Substances Act, 1985 and, therefore, no offence under the said Act is made out qua the alleged recovery of Avil and at best, the case relates only to the recovery of 13 injections of Buprenorphine. It is further submitted that the Buprenorphine injections were recovered from the glove box of the vehicle, which is registered in the name of the father of co-accused Suraj. The petitioner was neither the owner nor the driver of the vehicle and was merely an occupant at the relevant time. It is also pointed out that co-accused Suraj, who was seated on the back seat of the vehicle, has already been granted the concession of bail. She submits that the petitioner is in custody since 26.01.2025 and has already SUMIT SINGH GUSAIN 2026.02.04 10:27 I attest to the accuracy and integrity of this document 3 206 CRM-M-34674-2025(O&M) undergone an actual custody of more than 01 year. It is further submitted that no evidence has been recorded so far and 01 witness has been given up while 12 witnesses are yet to be examined. She further submits that the petitioner is not involved in any other case. 4. Learned State Counsel does not dispute the facts as aforesaid, however, she contends that the petitioner was an occupant of the car wherefrom the contraband was recovered. 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, his clean antecedents, the present stage of the trial and further noticing that the recovery was effected from a vehicle of which the petitioner was neither the owner nor the driver, it is evident that arguable issues relating to conscious possession would arise for determination during the course of trial. In view of the aforesaid circumstances and bearing in mind that the conclusion of the trial is likely to take considerable time, 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 2026.02.04 10:27 I attest to the accuracy and integrity of this document 4 206 CRM-M-34674-2025(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. 03.02.2026 (VINOD S. BHARDWAJ) Sumit Gusain JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUMIT SINGH GUSAIN 2026.02.04 10:27 I attest to the accuracy and integrity of this document