IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 215 CRM-M-45925-2025 (O&M) Date of decision: 27.08.2025 Bilas Rishi ...Petitioner VERSUS State of Punjab ...Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Kanav Goyal, Advocate for the petitioner(s) (Legal Aid Counsel). Mr. Mohit Kapoor, Sr. DAG Punjab. ***** VINOD S. BHARDWAJ, J. (Oral) 1. The instant petition has been filed under Section 483 of The Bharatiya Nagarik Suraksha Sanhita, 2023, for the grant of regular bail in FIR bearing No.38 dated 28.6.2024, registered under Section 22 of the NDPS Act, 1985 at Police Station City Banga, District Shaheed Bhagat Singh Nagar. 2. Briefly summarizing, the case of the prosecution is that on 28.06.2024, at about 05:30 PM, the police party headed by SHO/SI Rakeshwinder Singh was on patrolling and when police party reached bridge canal, Jhikka, Banga, one person was seen coming and on seeing the police party, said person threw transparent polythene towards fields from left pocket of his capry. Said person was apprehended with the help of police party and on asking he disclosed his name as Bilas Rishi S/o Virspati Rishi R/o Viroli Chowk, PS Rapoli, District Purnea, Bihar, presently residing at MANGAL SINGH 2025.08.28 14:35 I am the author of this document 2 215 CRM-M-45925-2025 (O&M) Village Ladhiya, PS Behram, District SBS Nagar. On checking polythene which was thrown by the petitioner, it led to recovery of 30 loose intoxicating tablets. As per report of FSL, the recovered tablets are containing Etizolam salt. 3. Learned counsel for the petitioner contends that the petitioner was found to be in possession of 30 loose intoxicating tablets containing Etizolam with total content 3.51 grams as against the commercial quantity of 2.5 grams. He further contends that the petitioner has been in custody since 01.07.2024 and has undergone the actual custody of 01 year, 01 month and 26 days. He further submits that the petitioner has no criminal antecedents and is not involved in any other case. It is further submitted that out of total 13 prosecution witnesses cited by the respondent, only 01 has been examined so far and the trial is likely to take a long time in its conclusion. 4. Learned counsel for respondent-State, on instruction from the Investigating Officer, does not dispute that the trial is still at an initial stage and only 01 prosecution witness has been examined and no other case is registered against the petitioner in relation to the NDPS Act. He also does not dispute the custody period of the petitioner. 5. Taking into consideration the period of custody actually undergone by the petitioner, the stage of the trial as well as the recovery and bearing in mind that the conclusion of the trial is likely to take long time, I deem it fit to allow the instant petition. 6. Accordingly, the instant petition is allowed and the petitioner is ordered to be admitted to regular bail subject to his furnishing bail/surety MANGAL SINGH 2025.08.28 14:35 I am the author of this document 3 215 CRM-M-45925-2025 (O&M) bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate concerned. 7. It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 8. The observation made hereinabove shall not be construed as an expression on the merits of the case and the trial Court shall decide the case on the basis of available material. (VINOD S. BHARDWAJ) 27.08.2025 JUDGE Mangal Singh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MANGAL SINGH 2025.08.28 14:35 I am the author of this document