241 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-48148-2024 Date of decision:-14.05.2025 SUNIL ALIAS SUNNU ... Petitioner Versus STATE OF HARYANA ... Respondent CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY. Present:- Mr. Soeb Khan, Advocate for the petitioner. Mr. Vipul Sherwal, AAG, Haryana. ***** SANJIV BERRY, J. (ORAL) The instant petition has been preferred by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in the following case (Annexure P-3):- FIR No. Dated Sections Police Station 556 16.10.2021 22( C) of NDPS Act Ballabhgarh, District Faridabad o. 2), Mo 2. It is inter alia contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the present case. He contends that petitioner was arrested on 16.10.2021 and as per prosecution’s case alleged recovery of 28 Buprenorphine Injections (2 ml Gyan Chand 2025.05.19 16:28 I attest to the accuracy and integrity of this document each) were effected from him. He contends that after completion of investigation challan has already been presented in Court, and conclusion of trial will take sufficient long time. Hence, prays for grant of concession of regular bail to the petitioner. 4. Per contra, learned State counsel referring to the reply submitted by the State has opposed the bail petition by arguing that police had apprehended the petitioner and 28 Buprenorphine Injections (2 ml each) were recovered from his conscious possession for which he could not furnish any license or permit. He submits that the recovered contraband falls within the purview of commercial quantity, attracting bar under Section 37 of the NDPS Act. Hence prayed for dismissal of the bail petition. 5. After considering the rival contentions and perusing the record, it transpires that a secret information was received on 16.10.2021 by the police that Sunil alias Sunnu, deals in trade of contraband Injections and is sitting on Mohna Road, Punjabi Mohalla, Ballabgarh, if raid conducted, he will be apprehended along with the contraband. Finding information reliable, police raided the place and identified the person named in secret information and from his conscious possession 28 Buprenorphine Injections (2 ml each) in total 56 ml has been recovered. The petitioner had failed to furnish any license or permit to be in possession, thereof. Admittedly, the recovered contraband falls within the purview of commercial quantity attracting bar under Section 37 of the NDPS Act and no case is made out in favour of the petitioner for grant of regular bail at this stage, as a conse- quence, the bail petition is hereby dismissed. Gyan Chand 2025.05.19 16:28 I attest to the accuracy and integrity of this document 6. Any observation made above shall not be construed as opinion of this Court on the merits of the case. 7. Pending application(s) if any shall also stand disposed of. (SANJIV BERRY) JUDGE 14.05.2025 Gyan i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No Gyan Chand 2025.05.19 16:28 I attest to the accuracy and integrity of this document