CRM-M-35830-2026 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH 148 CRM-M-35830-2026 (O&M) Date of decision: 06.07.2026 Major Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. K. S. Sidhu, Advocate for the petitioner. MANISHA BATRA, J. (Oral) 1. Prayer in the present petition, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is for issuance of a direction to the learned trial Court to serve a prior notice of seven days upon the petitioner before passing any order on the application seeking cancellation of his regular bail in FIR No. 80 dated 25.07.2023, registered under Section 22(b) of the NDPS Act at Police Station Maur, District Bathinda, so as to enable him to avail appropriate legal remedies in accordance with law. 2. Briefly stated facts of the case are that the petitioner is an accused in the aforesaid FIR/case. He was granted regular bail by the learned Special Court, Bathinda on 08.09.2023. Thereafter, the challan was presented and charges were framed. According to the petitioner, he had been regularly appearing before the trial Court. Subsequently, on the basis of the FSL report indicating recovery of commercial quantity, the prosecution moved an application seeking cancellation of his bail. During those proceedings, owing to his absence on certain dates, warrants were issued, his bail bonds were cancelled and proceedings under Section 82 Cr.P.C. were initiated. The order MOHAMMAD WASEEM ANSARI 2026.07.06 16:39 I attest to the accuracy and integrity of this document CRM-M-35830-2026 (O&M) -2- cancelling his bail was later set aside by this Court in CRM-M-23233-2026, vide order dated 28.04.2026 and the petitioner surrendered before the trial Court on 01.05.2026, whereafter he was released on bail. Apprehending that the pending application for cancellation of bail may be decided against him without affording him sufficient opportunity to seek legal remedies, he has approached this Court seeking a direction that seven days' prior notice be issued before passing any adverse order. 3. Learned counsel for the petitioner has submitted that he had been granted regular bail and had substantially complied with the conditions thereof. It is argued that the application for cancellation of bail has been moved solely on the basis of the subsequent FSL report showing commercial quantity and not on account of any misuse of the concession of bail. It is further argued that the petitioner apprehends that if the trial Court cancels his bail, he may be taken into custody immediately, thereby depriving him of an effective opportunity to challenge such order before the higher Court. It is, thus, urged that the trial Court be directed to serve a prior notice of seven days before passing any order on the application for cancellation of bail. 4. This Court has heard the submissions of learned counsel for the petitioner. 5. The petitioner seeks a direction restraining the trial Court from deciding the pending application for cancellation of bail without first granting him seven days' advance notice. Such a prayer is founded merely on an apprehension that an adverse order may be passed in future. No legal provision has been brought to the notice of this Court which mandates issuance of a prior notice of seven days before passing an order on an MOHAMMAD WASEEM ANSARI 2026.07.06 16:39 I attest to the accuracy and integrity of this document CRM-M-35830-2026 (O&M) -3- application for cancellation of bail. The proceedings before the trial Court are governed by the procedure prescribed under law and it is expected that the same shall be followed. Moreover, the petitioner has already been granted the benefit of regular bail pursuant to the order passed by this Court after setting aside the earlier order cancelling his bail. The apprehension expressed in the present petition is speculative and does not furnish any cause for issuance of any direction controlling the manner in which the trial Court should exercise its jurisdiction. In view of the same, finding no merit in the petition, the same is accordingly dismissed. 06.07.2026 (MANISHA BATRA) Waseem Waseem Waseem Waseem R. R. R. R. Ansari Ansari Ansari Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHAMMAD WASEEM ANSARI 2026.07.06 16:39 I attest to the accuracy and integrity of this document