CRM-M-26576- IN THE H (289) BOOTA SINGH STATE OF PUNJ CORAM: HON Present: Mr. N Mr. R MANISHA BATR 1. The Section 483 of Bh for grant of regul registered under S Act (for short “ND 2. As pe Police party for pa was seen coming got perplexed, tur polythene bag on On suspicion, he disclosed his nam -2026 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH NGH @ MALLI @ BUTA SINGH M Versus PUNJAB AND ANR. HON'BLE MRS. JUSTICE MANIS Mr. Naveen Batra, Advocate for the p Mr. Roshandeep Singh, AAG, Punjab **** BATRA, J. (ORAL) The instant petition has been prefe of Bharatiya Nagarik Suraksha Sanh regular bail in case arising out of nder Section 18 of the Narcotic Drugs rt “NDPS Act”) at Police Station Tand As per the allegations on 20.02.2026 for patrolling purposes near Village H ming on foot from Dasuya side and ed, turned back, started running back ag on the side of the road, which he he was apprehended by the po s name as Boota Singh Malli i.e. the JAB AND HARYANA AT ARH CRM-M-26576-2026 (O&M) Date of decision : 18.05.2026 GH MALHI ... Petitioner ...Respondents ANISHA BATRA r the petitioner Punjab preferred by the petitioner under a Sanhita, 2023 (for short “BNSS”) ut of FIR No.51 dated 20.02.2026 Drugs and Psychotropic Substances Tanda, District Hoshiarpur. 2.2026, a barricade was laid by the illage Harsi. After a while, a person e and on seeing the police party, he g back and threw a black coloured ch he was holding in his right hand. he police party and on asking he e. the present petitioner. On asking M) 2026 oner s nder SS”) 2026 nces y the rson y, he ured and. he king AMIT SHARMA 2026.05.18 19:19 I attest to the accuracy and integrity of this order/judgment. CRM-M-26576- he disclosed that t weighing 01 Kg o he could not prod recovered contrab formalities under the case. Investiga 3. It is a falsely implicated He is not required The trial will take cannot be conside useful purpose w compliance of Sec petitioner. The ri case since the reco quantity. It is, the 4. Per c the gravity of the deserve to be exten 5. This C for the parties at co 6. The possession of 01 -2026 (O&M) 2 that the black coloured polytene bag Kg of opium was recovered from hi t produce any valid license or permit ontraband, he was formally arrested at under Section 50 of the NDPS Act. vestigation now stands concluded. It is argued by learned counsel for t icated in this case and a false recover equired for further investigation sinc ll take considerable time to conclude. onsidered to be a ground for denyin ose would be served by detaining h of Section 42 and 50 of NDPS had The rigors of Section 37 of the NDP he recovery of contraband allegedly ef is, therefore, stressed that the petition Per contra, learned State counsel has of the allegations as levelled again e extended benefit of bail. This Court has heard the rival submis es at considerable length. The petitioner is alleged to have of 01 Kg. of opium. He is in custod e bag was containing opium and on om his conscious possession. Since ermit to keep in his possession, the sted at the spot after following usual Act. Challan has been presented in l for the petitioner that he has been ecovery has been planted upon him. n since challan has been presented. lude. His involvement in other case enying benefit of bail to him. No ing him in custody anymore. No d been made while arresting the NDPS Act are not attracted in this dly effected was of non-commercial tition deserves to be allowed. sel has argued that keeping in view against the petitioner, he does not ubmissions made by learned counsel have been found in conscious custody since 20.02.2026. The trial d on ince the usual ed in been him. nted. case No No g the this rcial view not unsel cious trial AMIT SHARMA 2026.05.18 19:19 I attest to the accuracy and integrity of this order/judgment. CRM-M-26576- would obviously examined so far. contraband recove well settled propo Pre-trial incarcera sentencing. The o trial, and it cannot as discussed abov detention of the Accordingly, the p on bail subject t satisfaction of lear 7. It is m the purpose of dec on the merits of th 8. In the petitioner, it shall application seekin 9. Since any, is rendered in 18.05.2026 Amit Sharma -2026 (O&M) 3 ously take time to conclude as no p far. He is not involved in any other recovered from the petitioner is of n proposition of law is that bail is the arceration of an accused should not The object of the jail is to secure app cannot be preventive or punitive. Taki d above, this Court is of the consi f the petitioner is not going to the petition is allowed and the petiti ject to his furnishing personal as of learned trial Court/CJM/Duty Magi It is made clear that any observation of deciding the present petition and t s of the case. In the event of there being any FIR t shall be open to the respondent-State seeking cancellation of bail. Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes Whether reportable:- Yes/No s no prosecution witness has been other case of similar nature. The s of non-commercial quantity. The is the rule and jail is an exception. ld not be replica of post-conviction re appearance of the accused during Taking into consideration the facts considered opinion that continued g to serve any fruitful purpose. e petitioner is ordered to be released al as well as surety bonds to the Magistrate concerned. vation made hereinabove is only for and the same shall have no bearing y FIR/complaint lodged against the State to seek redressal by filing an allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No been The The tion. ction uring facts nued pose. ased the y for aring t the g an n, if AMIT SHARMA 2026.05.18 19:19 I attest to the accuracy and integrity of this order/judgment.