106+242 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-31482-2025 (O&M) Date of Decision:05.08.2025 Ghewar Ram …Petitioner Vs. State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Dilpreet Singh Gandhi, Advocate for the petitioner. Mr. Dhruv Dayal, Addl. A.G., Haryana *** N.S.Shekhawat J. (Oral) CRM-27474-2025 1. Application is allowed as prayed for, subject to just all exceptions. 2. Annexure A-1 is taken on record. Main case 1. The petitioner has filed the present petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail to him in case FIR No.405 dated 05.04.2022 registered under Sections 17(c),27-A and 29 of NDPS Act (later on Sections 27-A and 29 of NDPS Act were added), at Police Station Hisar Sadar, District Hisar. 2. As per case of the prosecution, on 05.04.2022, co-accused Rakesh Ram and the present petitioner were arrested by the police on the basis of the secret information and 8.250 Kgs of opium was recovered from the vehicle, in which both of them were travelling. HITESH 2025.08.06 10:36 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-31482-2025 (O&M) -2 3. Learned counsel for the petitioner submits that the petitioner was travelling in car and sitting on the conductor side along with his uncle and all the contraband has to be shown to be recovered from the vehicle and nothing has been shown to be recovered from the conscious possession of the petitioner and Rakesh, co-accused. He further submits that the petitioner was arrested in the present case on 25.04.2023 and has undergone more than 02 years and 03 months of custody. The investigation in the present case has already been completed. Learned counsel for the petitioner has relied upon the law laid down by the Hon'ble Supreme Court in the matter of SLP No. 6690 of 2022, titled as “Dheeraj Kumar Shukla Vs. State of Uttar Pradesh”, in which the Hon'ble Supreme Court held as follows:- “2. The allegations are that on a secret information, the police au- thorities intercepted two vehicles on 23.06.2020 i.e. one 'Gray' coloured 'Honda City' car and the second 'White' coloured ' Swift Dzire' car. On an interrogation at the spot, Praveen Maurya @ Puneet Maurya, Rishab Kumar Maurya and Dheeraj Kumar Shukla were found to be occupants of the 'Honda City' car whereas the petitioner was driving the 'Swift Dzire' car. On taking a search, more than 92 kgs. Ganja was allegedly recovered from 'Honda City' car where as more than 65 kgs. Ganja was recovered from 'Swift Dzire' Car. The accused were arrested at the spot. The peti- tioner is, thus, in custody since 24.06.2020. 3. It appears that some of the occupants of the 'Honda City' Car including Praveen Maurya @ Puneet Maurya have since been released on regular bail. It is true that the quantity recovered from the petitioner is commercial in nature and the provisions of Section 37 of the Act may ordinarily be attracted. However, in the absence of criminal antecedents and the fact that the petitioner is in custody for the last two and a half years, we are satisfied that HITESH 2025.08.06 10:36 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-31482-2025 (O&M) -3 the conditions of Section 37 of the Act can be dispensed with at this stage, more so when the trial is yet to commence though the charges have been framed. 4. For the reasons stated above but without expressing any views on the merits of the case, the petitioner is directed to be released on bail subject to his furnishing bail bonds to the satisfaction of the trial Court”. 4. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that the quantity of contraband recovered from the petitioner is commercial in nature and the rigors of Section 37 of NDPS Act would apply to the facts of the present case. 5. I have heard learned counsel for the parties and perused the record. 6. In the present case, the petitioner was arrested on 25.04.2023 and is in custody for the last about 02 years and 03 months. Thus, further custody of the petitioner will not serve any meaningful purpose. 7. Consequently, keeping in view the above stated facts and the law laid down by the Hon'ble Supreme Court in the matter of Dheeraj Kumar Shukla's case (Supra) , the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned, subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority. (ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. HITESH 2025.08.06 10:36 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-31482-2025 (O&M) -4 (iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect. (v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner is involved in any other criminal activity, during the pendency of the trial, it shall be viewed seriously. (vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner. 8. In case, the petitioner violates any of the conditions mentioned above, it shall be viewed seriously and the concession of bail granted to him shall be liable to be cancelled and the prosecution shall be at liberty to move an application in this regard. (N.S.SHEKHAWAT) 05.08.2025 JUDGE hitesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HITESH 2025.08.06 10:36 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh