CRM-M-71980- IN THE (138) KAMESHWAR STATE OF HAR CORAM: HON Present: Mr. Mr. MANISHA BATR 1. The Section 483 of Bh for grant of regul registered under Psychotropic Subs District Gurugram 2. As p information to th contraband and on -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH AR @ KAMLESHWAR @ LAMB Versus
HARYANA HON'BLE MRS. JUSTICE MANIS r. Ravi Malik, Advocate for the pet Mr. Neeraj Poswal, AAG, Haryana ****
BATRA, J. (ORAL)
The instant petition has been prefe of Bharatiya Nagarik Suraksha Sanh regular bail in case arising out of F nder Sections 20(b)(ii)(b) and 29 c Substances Act (for short “NDPS” ugram. As per the allegations, on 25.08.2 to the effect that Kamlesh Kumar and on the previous day, he had conce JAB AND HARYANA AT ARH
CRM-M-71980-2025 (O&M) Date of decision : 19.02.2026 AMBU ... Petitioner ...Respondent ANISHA BATRA
he petitioner preferred by the petitioner under a Sanhita, 2023 (for short “BNSS”) ut of FIR No.173 dated 25.08.2024 29 of the Narcotic Drugs and ”) at Police Station Sector 17/18, 5.08.2024, on receipt of a secret Kumar was indulged in supply of concealed one bag containing some M) 2026 oner dent
nder ) 2024 and 7/18, ecret y of some AMIT SHARMA 2026.02.20 10:19 I attest to the accuracy and integrity of this order/judgment. CRM-M-71980- contraband in the the present petition It was informed th conducted. Belie formed which reac found bolted from premises and the containing 12 Kgs taken into possess Investigation now 3. It is a falsely implicated The said recovery Kumar and the wi On parity, he too d take considerable has been examin to be a reason fo would not serve a deserves to be rele 4. Status learned State coun -2025 (O&M) 2 in the room of one Pawan Yadav wher petitioner alongwith his wife Ram Ray med that the above said contraband c Believing the secret information to ch reached at the informed address. T m outside. The search warrants w d the said room was checked. On c 2 Kgs 338 grams of Ganja was foun ossession. The petitioner and his wife n now stands concluded. It is argued by learned counsel for t licated in this case. A false recovery covery is of non-commercial quantit the wife of the petitioner have already e too deserves to be extended the sam erable time to conclude as only 01 ou amined so far. His involvement in oth son for denying benefit of bail to hi erve any useful purpose. It is, theref be released on bail. Status report and custody certificate h e counsel that taking into consideratio v wherein Kameshwar @ Lambu i.e. m Ray Devi was residing as a tenant. and could be recovered, if raid was ion to be true, a raiding party was ess. The room of the petitioner was rants were shown to the owner of the On conducting search, one packet s found kept in the same which was is wife were arrested on 26.11.2024. l for the petitioner that he has been covery has been planted upon him. quantity. The co-accused Kamlesh lready been extended benefit of bail. e same benefit. The trial is likely to 01 out of 21 prosecution witnesses t in other cases cannot be considered l to him. His further incarceration therefore, argued that the petitioner icate have been filed. It is argued by eration the gravity of the allegations u i.e. nant. s was was f the acket was 024. been him. lesh bail. ly to esses ered ation r d by tions AMIT SHARMA 2026.02.20 10:19 I attest to the accuracy and integrity of this order/judgment. CRM-M-71980- as levelled agains habitual offender b the provisions of N 5. This C for both the parties 6. The commercial quan petitioner is in cus a case for commis for a period of ov conclusion of trial examined so far. benefit of bail. Th is an exception. P sentencing. The o trial, and it canno facts and circumst purpose would b Accordingly, the released on regula satisfaction of the -2025 (O&M) 3 against the petitioner, coupled with th ender being involved in several other ns of NDPS Act, he does not deserve t This Court has heard the rival submis parties at considerable length. The petitioner and his wife are quantity of contraband in their r in custody since 26.11.2024. The all mmission of subject offences. Howev of over 01 year, 02 months and 23 d of trial in the near future as only one far. The similarly situated co-accuse The well settled proposition of law ion. Pre-trial incarceration should no The object of the jail is to secure app cannot be preventive or punitive. rcumstances, this Court is of the cons uld be served by keeping the pet , the present petition is allowed. T regular bail, subject to his furnishing the trial Court/Duty Magistrate co with the fact that the petitioner is a other cases including 02 cases under serve to be extended benefit of bail. ubmissions made by learned counsel are alleged to have kept non- heir rented accommodation. The he allegations prima facie make out However, the petitioner is in custody d 23 days. There are no chances of ly one prosecution witness has been accused have already been extended of law is that bail is the rule and jail uld not be replica of post-conviction re appearance of the accused during ive. Keeping in view the aforesaid e considered opinion that no useful he petitioner in custody anymore. The petitioner is ordered to be nishing personal/surety bonds to the concerned. However, it will be is a nder unsel - The e out tody es of been nded d jail ction uring esaid seful ore. o be o the ll be AMIT SHARMA 2026.02.20 10:19 I attest to the accuracy and integrity of this order/judgment. CRM-M-71980- open for the prose found involved in 7. It is m the purpose of dec on the merits of th 8. Since any, is rendered in 19.02.2026 Amit Sharma -2025 (O&M) 4 prosecution to apply for cancellation ved in any other subsequent case. It is made clear that any observation of deciding the present petition and t s of the case. Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes
   tion of bail in case the petitioner is vation made herein above is only for and the same shall have no bearing een allowed, pending application, if (MANISHA BATRA)
JUDGE
Yes/No
er is for aring n, if AMIT SHARMA 2026.02.20 10:19 I attest to the accuracy and integrity of this order/judgment.