CRM-M-51295 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 222 Sukhdev Singh State of Haryana CORAM: HON'BLE MRS. JUSTICE MANISHA Present:- MANISHA BATRA, J. 1. Bharatiya Nagarik Suraksha Sanhita, 2023 FIR No. 14 Narcotic Drugs and Psychotropic Substances Act, 1985 Act’) at Police Station 2. petition are that petitioner along with co headed by SI Shyam Singh and recover from them. They were formally arrested at the spot. necessary investigation and usual formalities, the Court and presently, the petitioner commission of aforementioned offence. He had moved an application before the learned dismissed, vide order dated 51295-2024 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Sukhdev Singh Versus Haryana CORAM: HON'BLE MRS. JUSTICE MANISHA Mr. Deepak Vashishth, Advocate for the petitioner. Mr. Apoorv Garg, Senior DAG, Haryana. MANISHA BATRA, J. (Oral) This petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023 14 dated 23.01.2023, registered under Section Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Manesar, District Gurugram. Brief facts of the case relevant for the purpose of disposal of this petition are that on 23.01.2023, on the basis of a secret information, the petitioner along with co-accused Priyanka was apprehended by a police party headed by SI Shyam Singh and recovery of from them. They were formally arrested at the spot. necessary investigation and usual formalities, the Court and presently, the petitioner along with co commission of aforementioned offence. He had moved an application before learned trial Court for grant of regular bail but the same had been dismissed, vide order dated 05.09.2024. IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-51295-2024 (O&M) Date of decision: 30.04.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Deepak Vashishth, Advocate Mr. Apoorv Garg, Senior DAG, Haryana. This petition has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail in case bearing , registered under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Manesar, District Gurugram. Brief facts of the case relevant for the purpose of disposal of this on the basis of a secret information, the accused Priyanka was apprehended by a police party y of 70 kgs. of Ganja was effected from them. They were formally arrested at the spot. After completion of necessary investigation and usual formalities, challan under was presented in along with co-accused is facing trial for commission of aforementioned offence. He had moved an application before trial Court for grant of regular bail but the same had been -1- 2024 (O&M) 30.04.2025 ...Petitioner ...Respondent 483 of seeking regular bail in case bearing of the (for short ‘NDPS Brief facts of the case relevant for the purpose of disposal of this on the basis of a secret information, the accused Priyanka was apprehended by a police party 70 kgs. of Ganja was effected After completion of under was presented in trial for commission of aforementioned offence. He had moved an application before trial Court for grant of regular bail but the same had been MOHAMMAD WASEEM ANSARI 2025.05.01 11:32 I attest to the accuracy and integrity of this document CRM-M-51295 3. has been falsely implicated in this case. effected from a rented accommodation and he was not aware about the concealment of any such contraband therein. Man 42 of the NDPS Act were not complied with properly. investigation has since been completed and petitioner is in custody since 23.01.2023. Tri conclude. anymore. concession of regular bail by this Court, vide order dated 16.07.2024 passed in CRM-M-11497 same benefit. 4. submitted therein and learned argued that quantity of the contraband was recovered from him. is also argued that if the petitioner is released on bail, he can abscond or indulge in similar offences. dismissed. 5. and have a 6. yanka were apprehended on 23.01.2023 and recovery of 70 kgs. of Ganja was effected from them. been filed. Trial is going on. There are total 20 prosecution witnesses, out of 51295-2024 (O&M) Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. effected from a rented accommodation and he was not aware about the concealment of any such contraband therein. Man 42 of the NDPS Act were not complied with properly. investigation has since been completed and petitioner is in custody since 23.01.2023. Tri No useful purpose would be served by keeping him in custody anymore. Similarly situated co-accused Priyanka has already been granted concession of regular bail by this Court, vide order dated 16.07.2024 passed in 11497-2024. On the grounds of parity, the petitioner too deserves the same benefit. It is, therefore, urged that the petition deserves to be allowed. Status report has been filed by the respondent submitted therein and learned Senior Deputy Advocate General, Har argued that the petitioner is not entitled to get benefit of bail as a huge quantity of the contraband was recovered from him. is also argued that if the petitioner is released on bail, he can abscond or indulge in similar offences. Hence, it is urged that dismissed. I have heard learned counsel for the parties at considerable and have also gone through the record carefully. As per the allegations, the petitioner and yanka were apprehended on 23.01.2023 and recovery of 70 kgs. of Ganja was effected from them. Investigation has since been completed and challan has been filed. Trial is going on. There are total 20 prosecution witnesses, out of Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. The alleged recovery was in fact effected from a rented accommodation and he was not aware about the concealment of any such contraband therein. Mandatory provisions of Section 42 of the NDPS Act were not complied with properly. Even otherwise, investigation has since been completed and challan has been filed. The petitioner is in custody since 23.01.2023. Trial would still take a long time purpose would be served by keeping him in custody accused Priyanka has already been granted concession of regular bail by this Court, vide order dated 16.07.2024 passed in ds of parity, the petitioner too deserves the It is, therefore, urged that the petition deserves to be allowed. Status report has been filed by the respondent-State. It is Senior Deputy Advocate General, Haryana the petitioner is not entitled to get benefit of bail as a huge quantity of the contraband was recovered from him. Trial may be expedited. is also argued that if the petitioner is released on bail, he can abscond or Hence, it is urged that the petition is liable to be I have heard learned counsel for the parties at considerable length lso gone through the record carefully. the petitioner and his wife co-accused yanka were apprehended on 23.01.2023 and recovery of 70 kgs. of Ganja was gation has since been completed and challan has been filed. Trial is going on. There are total 20 prosecution witnesses, out of -2- Learned counsel for the petitioner has argued that the petitioner The alleged recovery was in fact effected from a rented accommodation and he was not aware about the datory provisions of Section Even otherwise, has been filed. The al would still take a long time to purpose would be served by keeping him in custody accused Priyanka has already been granted concession of regular bail by this Court, vide order dated 16.07.2024 passed in ds of parity, the petitioner too deserves the It is, therefore, urged that the petition deserves to be allowed. State. It is yana has the petitioner is not entitled to get benefit of bail as a huge Trial may be expedited. It is also argued that if the petitioner is released on bail, he can abscond or ition is liable to be length Pri- yanka were apprehended on 23.01.2023 and recovery of 70 kgs. of Ganja was gation has since been completed and challan has been filed. Trial is going on. There are total 20 prosecution witnesses, out of MOHAMMAD WASEEM ANSARI 2025.05.01 11:32 I attest to the accuracy and integrity of this document CRM-M-51295 which, 05 witnesses have been examined so far, which means that conclusion of trial is likely to take some time. The petitioner 23.01.2023. He is not shown to be involved in any other case. ated co-accused Priyanka has already been granted concession of regular bail by this Court, as mentioned above. circumstances, would be served by keeping the present petition regular bail, subject to his furn of the trial Court/Duty Magistrate concerned. prosecution to apply for cancellation of bail in case the volved in any other subsequent case. 8. for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 30.04.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 51295-2024 (O&M) which, 05 witnesses have been examined so far, which means that conclusion of trial is likely to take some time. The petitioner 23.01.2023. He is not shown to be involved in any other case. accused Priyanka has already been granted concession of regular bail by this Court, as mentioned above. Keeping in view tances, this Court is of the considered opinion that would be served by keeping the petitioner the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. prosecution to apply for cancellation of bail in case the volved in any other subsequent case. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 30.04.2025 Whether speaking/reasoned Whether reportable which, 05 witnesses have been examined so far, which means that conclusion of trial is likely to take some time. The petitioner is in custody since 23.01.2023. He is not shown to be involved in any other case. Similarly sit accused Priyanka has already been granted concession of regular bail eeping in view the aforesaid facts and this Court is of the considered opinion that no useful purpose the petitioner in custody anymore. Accordingly, is allowed. The petitioner is ordered to be released on ishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. However, it will be open for the prosecution to apply for cancellation of bail in case the petitioner is found i made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no (MANISHA BATRA) JUDGE Yes/No Yes/No -3- which, 05 witnesses have been examined so far, which means that conclusion is in custody since Similarly situ- accused Priyanka has already been granted concession of regular bail the aforesaid facts and no useful purpose Accordingly, is allowed. The petitioner is ordered to be released on ishing personal/surety bonds to the satisfaction However, it will be open for the is found in- made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no MOHAMMAD WASEEM ANSARI 2025.05.01 11:32 I attest to the accuracy and integrity of this document