CRM-M-4334-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 213 CRM-M-4334-2026 Decided on : 09.07.2026 VIJAY KUMAR ......Petitioner Versus STATE OF PUNJAB ......Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Nikhil Ghai, Advocate, for the petitioner. Mr. Vinay Malhotra, DAG, Punjab. **** SANJAY VASHISTH, J. 1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner(s) FIR No. Date Section(s) Police Station District Vijay Kumar, aged about 45 years 08 09.01.2025 21/29-61- 85 of NDPS Act Model Town Hoshiarpur 2. As per the case of prosecution, on 09.01.2025, petitioner was allegedly found in possession of 265 grams of intoxicant powder containing diacetylmorphine. Upon completion of investigation, challan was presented on 07.07.2025, and charges were framed on 06.09.2025. LAVISHA 2026.07.10 10:15 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-4334-2026 2 Besides the present petitioner, one more accused, namely Manish Bhatia, has been arrayed as an accused in the present case. 3. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and no such recovery was ever effected from his conscious possession. It is further contended that mandatory provisions of the NDPS Act were not complied with, at the time of the petitioner's arrest and the alleged recovery. Counsel further submits that petitioner is in judicial custody since 09.01.2025, i.e., for about one year and five months. Out of total 10 prosecution witnesses, none has been examined so far. Thus, conclusion of the trial is likely to take a considerable period of time. Thus, learned counsel prays for the grant of regular bail to the petitioner in the present case. 4. In response to the arguments addressed by learned counsel for the petitioner, learned State counsel, produces the custody certificate dated 08.07.2026 in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner. As per the custody certificate, in the present case, petitioner has already undergone 01 year 05 months and 24 days period inside jail. 5. Learned State counsel, while opposing the prayer for grant of regular bail and submissions advanced on behalf of the petitioner, submits that recovery allegedly effected from the petitioner is of commercial quantity. LAVISHA 2026.07.10 10:15 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-4334-2026 3 It is further submitted that, apart from the present case, petitioner was previously found in possession of 500 grams of opium, which falls within non-commercial quantity. However, it is not disputed that petitioner has already been granted bail in the said case. Learned State counsel, therefore, contends that, in view of petitioner's criminal antecedents, he does not deserve the concession of regular bail, and accordingly, prays for dismissal of the present petition. 6. This Court has heard the learned counsel for the parties and perused the record available before it. 7. Having considered the totality of circumstances, nature of the allegations levelled against the petitioner, period of incarceration already undergone by him, stage of the trial, and the other factors noticed here above, this Court deems it appropriate to grant the concession of regular bail in the present case. Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 8. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 9. Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an LAVISHA 2026.07.10 10:15 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-4334-2026 4 independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. 10. It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to be cancelled. 11. Petition stands disposed of. (SANJAY VASHISTH) JUDGE 09.07.2026 Lavisha Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO LAVISHA 2026.07.10 10:15 I attest to the accuracy and integrity of this document PHHC, Chandigarh