CRM-M-28970- 118 IN THE HIGH COURT OF PUNJAB AND HARYANA Kartik Bakshi State of Haryana CORAM : HON'BLE MS. JUSTICE Present: Mr. Satnam Singh Gill Mr. Sushil Bhardwaj, Addl. A.G Haryana with Mr. Vaibhav Sharma, AAG Haryana MANDEEP PANNU J. 1. This is the first petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in FIR No. 192 dated 06.11.2024, registered under Sections 20 of the NDPS Act, 1985 (later on added Section 29 of the NDPS Act), at Police Station Panjokhra, District Ambala. 2. Brief facts of the case are that on 06.11.2024 ASI Dalel Singh along with other police officials was on patrolling and crime detection duty and was present near village Mandhaur. In th that Kartik son of Rajiv Bakshi used to sell narcotic drugs (charas) and that on that day one boy namely Sunny Kumar would come in White Alto Car No. HP for supply of charas to Kartik at hi Ambala. Acting upon the said information, a raiding party was constituted and a raid was conducted at the said place. During the raid, two young boys were found sitting in the aforesaid car. The boy sitting Kumar and the other boy sitting beside him disclosed his name as Kartik Bakshi. Upon search of the vehicle, -2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : VERSUS Haryana HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Satnam Singh Gill, Advocate for the petitioner. Mr. Sushil Bhardwaj, Addl. A.G Haryana with Mr. Vaibhav Sharma, AAG Haryana -.- MANDEEP PANNU J. (Oral) This is the first petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in FIR No. 192 dated 06.11.2024, registered under Sections 20 of the NDPS Act, 1985 (later on added 29 of the NDPS Act), at Police Station Panjokhra, District Ambala. Brief facts of the case are that on 06.11.2024 ASI Dalel Singh along with other police officials was on patrolling and crime detection duty and was present near village Mandhaur. In the meantime, a secret informer met him and gave information that Kartik son of Rajiv Bakshi used to sell narcotic drugs (charas) and that on that day one boy namely Sunny Kumar would come in White Alto Car No. HP for supply of charas to Kartik at his rented house situated at Jaggi Garden, Phase Ambala. Acting upon the said information, a raiding party was constituted and a raid was conducted at the said place. During the raid, two young boys were found sitting in the aforesaid car. The boy sitting on the driver seat disclosed his name as Sunny Kumar and the other boy sitting beside him disclosed his name as Kartik Bakshi. Upon search of the vehicle, 1 Kg 639 grams of charas -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-28970-2025 (O&M) Date of Decision : 05.03.2026 ....Petitioner ....Respondent MANDEEP PANNU , Advocate for the petitioner. Mr. Sushil Bhardwaj, Addl. A.G Haryana with Mr. Vaibhav Sharma, AAG Haryana. This is the first petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in FIR No. 192 dated 06.11.2024, registered under Sections 20 of the NDPS Act, 1985 (later on added 29 of the NDPS Act), at Police Station Panjokhra, District Ambala. Brief facts of the case are that on 06.11.2024 ASI Dalel Singh along with other police officials was on patrolling and crime detection duty and was present near e meantime, a secret informer met him and gave information that Kartik son of Rajiv Bakshi used to sell narcotic drugs (charas) and that on that day one boy namely Sunny Kumar would come in White Alto Car No. HP-49-3749 s rented house situated at Jaggi Garden, Phase Ambala. Acting upon the said information, a raiding party was constituted and a raid was conducted at the said place. During the raid, two young boys were found sitting on the driver seat disclosed his name as Sunny Kumar and the other boy sitting beside him disclosed his name as Kartik Bakshi. 1 Kg 639 grams of charas was recovered. The accused This is the first petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in FIR No. 192 dated 06.11.2024, registered under Sections 20 of the NDPS Act, 1985 (later on added Brief facts of the case are that on 06.11.2024 ASI Dalel Singh along with other police officials was on patrolling and crime detection duty and was present near e meantime, a secret informer met him and gave information that Kartik son of Rajiv Bakshi used to sell narcotic drugs (charas) and that on that 3749 s rented house situated at Jaggi Garden, Phase–2, Ambala. Acting upon the said information, a raiding party was constituted and a raid was conducted at the said place. During the raid, two young boys were found sitting on the driver seat disclosed his name as Sunny Kumar and the other boy sitting beside him disclosed his name as Kartik Bakshi. was recovered. The accused TRIPTI SAINI 2026.03.05 14:44 I attest to the accuracy and integrity of this document CRM-M-28970- persons could not produce any permit or license Accordingly, the present FIR was registered and the accused were arrested. 3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case and has no connection with He submits that the petitioner is in custody since 06.11.2024 and as per the custody certificate, he has undergone argued that the challan has already been presented before the is likely to take considerable time for its conclusion. Therefore, no useful purpose would be served by keeping the petitioner in further judicial custody and the petitioner deserves the concession of regular bail. 4. Per contra submitted that the recovery effected in the present case is which falls within the category of petitioner was apprehende vehicle in which he was present. It is argued that in view of the of the NDPS Act Learned counsel further submi against the petitioner. on record connecting the petitioner with the alleged offence and, therefore, the present petition deserves to be d 5. I have heard learned counsel for the parties and have gone through the record of the case with their able assistance. 6. In the present case, the recovery effected is which is commercial quantity Section 37 of the NDPS Act granted only if the Court is satisfied that there are reasonable grounds for believing -2025 (O&M) persons could not produce any permit or license for possession of the said contraband. Accordingly, the present FIR was registered and the accused were arrested. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case and has no connection with He submits that the petitioner is in custody since 06.11.2024 and as per the custody certificate, he has undergone custody of 01 year, 03 months and 23 days argued that the challan has already been presented before the is likely to take considerable time for its conclusion. Therefore, no useful purpose would be served by keeping the petitioner in further judicial custody and the petitioner deserves the concession of regular bail. Per contra, learned State counsel has opposed the present petition and submitted that the recovery effected in the present case is which falls within the category of commercial quantity petitioner was apprehended at the spot and the contraband was recovered from the vehicle in which he was present. It is argued that in view of the of the NDPS Act, the petitioner is not entitled to the concession of regular bail. Learned counsel further submits that there is one more case under the NDPS pending against the petitioner. Learned State counsel submits that there is sufficient material on record connecting the petitioner with the alleged offence and, therefore, the present petition deserves to be dismissed. I have heard learned counsel for the parties and have gone through the record of the case with their able assistance. In the present case, the recovery effected is commercial quantity. In cases involving commercial quantity, the rigours of Section 37 of the NDPS Act are attracted. As per the said provision, bail can be granted only if the Court is satisfied that there are reasonable grounds for believing -2- for possession of the said contraband. Accordingly, the present FIR was registered and the accused were arrested. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case and has no connection with the alleged recovery. He submits that the petitioner is in custody since 06.11.2024 and as per the custody custody of 01 year, 03 months and 23 days. It is further argued that the challan has already been presented before the trial Court and the trial is likely to take considerable time for its conclusion. Therefore, no useful purpose would be served by keeping the petitioner in further judicial custody and the , learned State counsel has opposed the present petition and submitted that the recovery effected in the present case is 1 Kg 639 grams of charas commercial quantity. He further submits that the d at the spot and the contraband was recovered from the vehicle in which he was present. It is argued that in view of the rigours of Section 37 , the petitioner is not entitled to the concession of regular bail. ts that there is one more case under the NDPS pending Learned State counsel submits that there is sufficient material on record connecting the petitioner with the alleged offence and, therefore, the present I have heard learned counsel for the parties and have gone through the In the present case, the recovery effected is 1 Kg 639 grams of charas . In cases involving commercial quantity, the rigours of are attracted. As per the said provision, bail can be granted only if the Court is satisfied that there are reasonable grounds for believing for possession of the said contraband. Learned counsel for the petitioner contends that the petitioner has been the alleged recovery. He submits that the petitioner is in custody since 06.11.2024 and as per the custody . It is further trial Court and the trial is likely to take considerable time for its conclusion. Therefore, no useful purpose would be served by keeping the petitioner in further judicial custody and the , learned State counsel has opposed the present petition and 1 Kg 639 grams of charas, . He further submits that the d at the spot and the contraband was recovered from the rigours of Section 37 , the petitioner is not entitled to the concession of regular bail. ts that there is one more case under the NDPS pending Learned State counsel submits that there is sufficient material on record connecting the petitioner with the alleged offence and, therefore, the present I have heard learned counsel for the parties and have gone through the 1 Kg 639 grams of charas, . In cases involving commercial quantity, the rigours of are attracted. As per the said provision, bail can be granted only if the Court is satisfied that there are reasonable grounds for believing TRIPTI SAINI 2026.03.05 14:44 I attest to the accuracy and integrity of this document CRM-M-28970- that the accused is not guilty any offence while on bail. 7. At this stage, considering the nature and gravity of the allegations and the recovery of commercial quantity of contraband, this Court does not find any reasonable ground to record a satisfaction that the petitioner is not guilty of the alleged offence or that he is not likely to commit an offence while on bail. 8. Though learned counsel for the petitioner has argued that the petitioner has been in custody for ground of long custody, particularly in cases involving NDPS Act, the rigours of Section 37 cannot be diluted in the absence of satisfaction of the twin conditions stipulated th 9. Keeping in view the commercial quantity of contraband recovered Section 37 of the NDPS Act concession of regular 10. Consequently, the present petition is 11. However, anything observed hereinabove shall not be construed as an expression on the merits of the case and the trial Court shall proceed independently in accordance with l 12. All pending miscellaneous application(s), if any, stands disposed of. March 05, 2026 tripti Whether speaking/non Whether reportable -2025 (O&M) that the accused is not guilty of the alleged offence and that he is not likely to commit any offence while on bail. At this stage, considering the nature and gravity of the allegations and the recovery of commercial quantity of contraband, this Court does not find any round to record a satisfaction that the petitioner is not guilty of the alleged offence or that he is not likely to commit an offence while on bail. Though learned counsel for the petitioner has argued that the petitioner has been in custody for 01 year, 03 months and 23 days ground of long custody, particularly in cases involving , the rigours of Section 37 cannot be diluted in the absence of satisfaction of the twin conditions stipulated therein. Keeping in view the nature and gravity of the allegations commercial quantity of contraband recovered, and the Section 37 of the NDPS Act, this Court does not find any ground to grant the concession of regular bail to the petitioner. Consequently, the present petition is However, anything observed hereinabove shall not be construed as an expression on the merits of the case and the trial Court shall proceed independently in accordance with law. All pending miscellaneous application(s), if any, stands disposed of. Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -3- of the alleged offence and that he is not likely to commit At this stage, considering the nature and gravity of the allegations and the recovery of commercial quantity of contraband, this Court does not find any round to record a satisfaction that the petitioner is not guilty of the alleged offence or that he is not likely to commit an offence while on bail. Though learned counsel for the petitioner has argued that the petitioner r, 03 months and 23 days, however, merely on the ground of long custody, particularly in cases involving commercial quantity under the , the rigours of Section 37 cannot be diluted in the absence of satisfaction of nature and gravity of the allegations, the , and the statutory bar contained under , this Court does not find any ground to grant the Consequently, the present petition is dismissed. However, anything observed hereinabove shall not be construed as an expression on the merits of the case and the trial Court shall proceed independently in All pending miscellaneous application(s), if any, stands disposed of. (MANDEEP PANNU) JUDGE : Speaking : Yes/No of the alleged offence and that he is not likely to commit At this stage, considering the nature and gravity of the allegations and the recovery of commercial quantity of contraband, this Court does not find any round to record a satisfaction that the petitioner is not guilty of the Though learned counsel for the petitioner has argued that the petitioner , however, merely on the commercial quantity under the , the rigours of Section 37 cannot be diluted in the absence of satisfaction of , the statutory bar contained under , this Court does not find any ground to grant the However, anything observed hereinabove shall not be construed as an expression on the merits of the case and the trial Court shall proceed independently in TRIPTI SAINI 2026.03.05 14:44 I attest to the accuracy and integrity of this document