IN THE HIGH COURT OF PUNJAB & HARYANA AT 128 Anuj State of Haryana [ CORAM: Present : SURYA PARTAP SINGH under Section 483 of been filed for the commission of of Drugs and Psychotropic Substances Act, hereinafter being referred to as ‘NDPS Act’ 2. Avtar Singh’, who reported that when he was leading a team o officials, two cars, No.HR51 According to above outside Scorpio, and from the abovementioned car, 01 kg 45 gm of charas was recovered. CRM-M-70218-2025 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH VERSUS Haryana CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH Mr. Pawan Attri, Advocate for Mr. Ramender Singh Chauhan, AAG Haryana ***** SURYA PARTAP SINGH, J. This petition for bail is the first under Section 483 of ‘the Bharatiya Nagarik Suraksha Sanhita been filed with regard to a case arising out of for the commission of offence punishable under Section Drugs and Psychotropic Substances Act, hereinafter being referred to as ‘NDPS Act’, Police Station Sadar Narwana The abovementioned FIR came into being at the instance of ‘SI Avtar Singh’, who reported that when he was leading a team o officials, two cars, i.e. Scorpio and Kia Sonet, HR51-CL-2253 and HR08-AE-4364 According to above-named police officer, Scorpio, and from the abovementioned car, 01 kg 45 gm of charas was recovered. (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-70218-2025 (O&M) Date of decision : 05.03.2026 ..... Petitioner VERSUS ..... Respondent SURYA PARTAP SINGH for the petitioner. Mr. Ramender Singh Chauhan, AAG Haryana. ***** first petition, filed by the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023’. It with regard to a case arising out of FIR No.274 dated 09.09.2025 fence punishable under Sections 20(c) of Narcotic Drugs and Psychotropic Substances Act, hereinafter being referred to as Narwana, District Jind. The abovementioned FIR came into being at the instance of ‘SI Avtar Singh’, who reported that when he was leading a team of police Scorpio and Kia Sonet, bearing registration 4364, respectively, were intercepted. named police officer, the petitioner was found standing Scorpio, and from the abovementioned car, 01 kg 45 gm of charas (O&M) .2026 Petitioner Respondent petitioner has 09.09.2025, Narcotic Drugs and Psychotropic Substances Act, hereinafter being referred to as The abovementioned FIR came into being at the instance of ‘SI f police bearing registration , were intercepted. the petitioner was found standing Scorpio, and from the abovementioned car, 01 kg 45 gm of charas GAURAV THAKUR 2026.03.06 12:08 I attest to the accuracy and integrity of this document 3. abovementioned contraband, necessary formalities with regard to seizure & sealing of contraband, lodging of F performed, and further investigation taken up. 4. 5. behalf of respondent dispensed with. petitioner. The same be taken on record. the State. How petition. 6. 7. the petitioner is innocent, who has case. As per learned counse prosecution itself shows that the petitioner was not possession of the contraband the dashboard of the Scorpio car and the petitioner was outside the vehicle. According to learned counsel for the petitioner would different, but instant case possession of the petitioner 8. abovementioned arguments. According to State Counsel, the quantity of CRM-M-70218-2025 (O&M) 2 It is the case of the prosecution that pursuant to recovery of abovementioned contraband, necessary formalities with regard to seizure & sealing of contraband, lodging of FIR, and formal arrest of the accused were performed, and further investigation taken up. Notice of motion. Mr. Ramender Singh Chauhan, AAG Haryana behalf of respondent-State. Hence service of notice upon the State is hereby dispensed with. The learned State Counsel has filed custody certificate of the petitioner. The same be taken on record. . However, the learned State Counsel has orally oppose Heard. It has been contended by learned counsel for the petitioner that the petitioner is innocent, who has been falsely implicated in the present case. As per learned counsel for the petitioner, the story set prosecution itself shows that the petitioner was not possession of the contraband, as the alleged recovery had taken place from the dashboard of the Scorpio car and the petitioner was outside the vehicle. According to learned counsel for the petitioner would have been inside the vehicle, things might have been different, but instant case stands on a different footing as conscious possession of the petitioner has not established at all. The learned State Counsel has controverted the abovementioned arguments. According to State Counsel, the quantity of (O&M) 2 It is the case of the prosecution that pursuant to recovery of abovementioned contraband, necessary formalities with regard to seizure & IR, and formal arrest of the accused were performed, and further investigation taken up. Mr. Ramender Singh Chauhan, AAG Haryana appears on State. Hence service of notice upon the State is hereby The learned State Counsel has filed custody certificate of the No formal reply has been filed by the learned State Counsel has orally opposed the present It has been contended by learned counsel for the petitioner that been falsely implicated in the present l for the petitioner, the story set-out by the prosecution itself shows that the petitioner was not found in actual physical as the alleged recovery had taken place from the dashboard of the Scorpio car and the petitioner was found standing outside the vehicle. According to learned counsel for the petitioner, if the have been inside the vehicle, things might have been stands on a different footing as conscious not established at all. The learned State Counsel has controverted the abovementioned arguments. According to State Counsel, the quantity of It is the case of the prosecution that pursuant to recovery of abovementioned contraband, necessary formalities with regard to seizure & IR, and formal arrest of the accused were appears on State. Hence service of notice upon the State is hereby The learned State Counsel has filed custody certificate of the o formal reply has been filed by the present It has been contended by learned counsel for the petitioner that been falsely implicated in the present out by the found in actual physical as the alleged recovery had taken place from found standing if the have been inside the vehicle, things might have been stands on a different footing as conscious The learned State Counsel has controverted the abovementioned arguments. According to State Counsel, the quantity of GAURAV THAKUR 2026.03.06 12:08 I attest to the accuracy and integrity of this document contraband recovered in this case quantity’, and therefore, unless the twin conditions enshrined under Section 37 of NDPS Act are satisfied, the benefit of bail should not be accorded to the petitioner. 9. 10. recovered in this case therefore, the benefit of bail can be accorded to the petitioner only in two circumstances, firstly if the twin NDPS Act are complied with, and secondly, if there exist circumstances to show that the abovementioned conditions should be relaxed due to prolonged incarceration of the abovementioned two conditions does not stand complied with. 11. custody for a period of five period of incarceration cannot be treated to be l inference that fundamental right of life and liberty, or of speedy trial, guaranteed to the petitioner under the Constitution, is being infringed in this case. Admittedly, there is no delay in the trial as the period of custody is no large enough. 12. that being devoid of merit the same is hereby CRM-M-70218-2025 (O&M) 3 contraband recovered in this case comes within the ambit of ‘commercial quantity’, and therefore, unless the twin conditions enshrined under Section 37 of NDPS Act are satisfied, the benefit of bail should not be accorded to the petitioner. The record has been perused carefully. A perusal of record shows that, the recovered in this case, comes within the ambit of ‘commercial quantity’, and therefore, the benefit of bail can be accorded to the petitioner only in two circumstances, firstly if the twin conditions enshrined under Section 37 of NDPS Act are complied with, and secondly, if there exist circumstances to show that the abovementioned conditions should be relaxed due to prolonged incarceration of the petitioner. However, in the present case, any of the abovementioned two conditions does not stand complied with. It is also relevant to mention here that the petitioner is in custody for a period of five-and-a-half months, and the abovementioned period of incarceration cannot be treated to be l inference that fundamental right of life and liberty, or of speedy trial, guaranteed to the petitioner under the Constitution, is being infringed in this case. Admittedly, there is no delay in the trial as the period of custody is no large enough. As a sequel to abovementioned observations, it is hereby held being devoid of merit, the present petition is hereby dismissed, accordingly (O&M) 3 comes within the ambit of ‘commercial quantity’, and therefore, unless the twin conditions enshrined under Section 37 of NDPS Act are satisfied, the benefit of bail should not be accorded to The record has been perused carefully. A perusal of record shows that, the quantity of contraband comes within the ambit of ‘commercial quantity’, and therefore, the benefit of bail can be accorded to the petitioner only in two conditions enshrined under Section 37 of NDPS Act are complied with, and secondly, if there exist circumstances to show that the abovementioned conditions should be relaxed due to . However, in the present case, any of the abovementioned two conditions does not stand complied with. It is also relevant to mention here that the petitioner is in half months, and the abovementioned period of incarceration cannot be treated to be large enough to draw an inference that fundamental right of life and liberty, or of speedy trial, guaranteed to the petitioner under the Constitution, is being infringed in this case. Admittedly, there is no delay in the trial as the period of custody is no As a sequel to abovementioned observations, it is hereby held the present petition deserves dismissal. Hence, , accordingly. comes within the ambit of ‘commercial quantity’, and therefore, unless the twin conditions enshrined under Section- 37 of NDPS Act are satisfied, the benefit of bail should not be accorded to contraband, comes within the ambit of ‘commercial quantity’, and therefore, the benefit of bail can be accorded to the petitioner only in two conditions enshrined under Section 37 of NDPS Act are complied with, and secondly, if there exist circumstances to show that the abovementioned conditions should be relaxed due to . However, in the present case, any It is also relevant to mention here that the petitioner is in half months, and the abovementioned arge enough to draw an inference that fundamental right of life and liberty, or of speedy trial, guaranteed to the petitioner under the Constitution, is being infringed in this case. Admittedly, there is no delay in the trial as the period of custody is not As a sequel to abovementioned observations, it is hereby held Hence, GAURAV THAKUR 2026.03.06 12:08 I attest to the accuracy and integrity of this document 13. shall not have any 14. disposed of, accordingly. 05.03.202 Gaurav Thakur CRM-M-70218-2025 (O&M) 4 However, it is clarified that the shall not have any bearing upon the merits of the case. Pending miscellaneous application(s), if any, also stand(s) disposed of, accordingly. 2026 Gaurav Thakur Whether speaking / reasoned Whether Reportable (O&M) 4 it is clarified that the abovementioned observations bearing upon the merits of the case. Pending miscellaneous application(s), if any, also stand(s) (SURYA PARTAP SINGH) JUDGE Whether speaking / reasoned Yes/No Yes/No abovementioned observations Pending miscellaneous application(s), if any, also stand(s) ) GAURAV THAKUR 2026.03.06 12:08 I attest to the accuracy and integrity of this document