CRM-M-28347-2026 (O&M) -:1:- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (210) CRM-M-28347-2026 (O&M) Date of Decision:10.07.2026 PARVEEN @ GOLU … Petitioner Versus STATE OF HARYANA ... Respondent -.- CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. Vikram Singh Lakhan , Advocate for the petitioner. Mr. Tanuj Sharma, AAG, Haryana. -.- VIRINDER AGGARWAL , J . (Oral) 1. The present is the first petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973), seeking the concession of regular bail in case FIR No. 65 dated 13.02.2026, registered under Sections 21(b), 25, 27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Tosham, District Bhiwani (Annexure P-1). 2. Succinctly stated, the prosecution case is that on 13.02.2026, the police received a secret information that a person was in possession of a narcotic substance. Acting upon the said information, the police, after complying with the requisite statutory formalities prescribed under the NDPS Act, 1985, conducted a raid near Matori Johari Dham Mandir, Tosham. During the operation, accused Abhishek @ Faturi, son of Raj GAURAV SOROT 2026.07.10 16:07 I attest to the accuracy and integrity of this document CRM-M-28347-2026 (O&M) -:2:- Kumar, was apprehended and was allegedly found in conscious possession of 12.31 grams of heroin, which was recovered from his possession. During the course of investigation, the present petitioner and the other accused came to be implicated in the case on the basis of the material collected by the investigating agency. 3. The custody certificate of the petitioner tendered by the learned State counsel is ordered to be taken on record, subject to all just exceptions. 4. I have heard learned counsel for the parties at considerable length and have carefully perused the paper book as well as the material available on record with their able assistance. 5. Admittedly, the applicant-petitioner was not named in the FIR and has been arraigned in the present case solely on the basis of a disclosure statement made by co-accused Abhishek @ Faturi. The contraband recovered from the exclusive possession of the said co-accused weighs 12.31 grams of heroin, which undisputedly falls within the ambit of ‘intermediate quantity,’ thereby extracting the present matter from the stringent statutory bars governing commercial quantities under the NDPS Act. 5.1. The petitioner has been languishing in judicial custody since 08.04.2026, and the investigation qua the petitioner stands completed. Given that the trial has not yet concluded and is likely to consume considerable time before reaching its logical conclusion, no useful purpose or criminal justice objective would be served by prolonging his incarceration pending trial. Continuous detention under these GAURAV SOROT 2026.07.10 16:07 I attest to the accuracy and integrity of this document CRM-M-28347-2026 (O&M) -:3:- circumstances would amount to pre-trial punishment, which violates the settled tenets of criminal jurisprudence. 5.2. Consequently, the present petition is allowed and the applicant-petitioner is ordered to be admitted to regular bail, subject to his furnishing requisite bail bonds and local surety bonds to the satisfaction of the learned Chief Judicial Magistrate concerned/Illaqa Magistrate/or Duty Magistrate, as the case may be, and further subject to the following conditions:- i. The petitioner(s) shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts and circumstances of the case so as to dissuade such person from disclosing such facts before the Court or to the Investigating Agency. ii. The petitioner(s) shall not tamper with the prosecution evidence in any manner whatsoever, nor shall the petitioner(s), directly or indirectly, attempt to influence, intimidate, or contact any prosecution witness. iii. The petitioner(s) shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event any of the petitioner(s) is in possession of a passport, the particulars thereof shall be furnished before the Investigating Officer as well as the learned Trial Court. iv. Before accepting the bail and surety bonds, the learned Illaqa Magistrate/Duty Magistrate/C.J.M. concerned shall obtain from the petitioner(s) the permanent residential address as well as the present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours of the acceptance GAURAV SOROT 2026.07.10 16:07 I attest to the accuracy and integrity of this document CRM-M-28347-2026 (O&M) -:4:- of the bail bonds and place a verification report on record. In the event any of the addresses is found to be false, fictitious, or incorrect, it shall be open to the prosecution to seek cancellation of the concession of bail in accordance with law. v. The petitioner(s) shall furnish before the learned Trial Court, either at the time of furnishing the bail bonds or within such period as may be specified by the Court, the Permanent Account Number (PAN), Aadhaar Number, particulars of all operative bank accounts, and a declaration disclosing details of immovable properties, if any. Any concealment of material particulars or furnishing of false information shall constitute a valid ground for seeking cancellation of the concession of bail in accordance with law. vi. The petitioner(s) shall intimate the Investigating Officer as well as the learned Trial Court, in writing, of any change in residential address or mobile number within seven days of such change. vii. The petitioner(s) shall not commit any offence of a similar nature during the pendency of the trial and shall remain present before the learned Trial Court on each and every date fixed, unless personal appearance is exempted in accordance with law. The petitioner(s) shall not absent from the proceedings without obtaining prior permission of the learned Trial Court. In the event of violation of any of the aforesaid conditions or unauthorized absence from the trial proceedings, it shall be open to the learned Trial Court to proceed in accordance with law, including cancellation of the concession of bail and issuance of appropriate coercive process, including warrants of arrest. 6. In view of the fact that the principal matter stands finally adjudicated, all pending miscellaneous applications, if any, arising out of GAURAV SOROT 2026.07.10 16:07 I attest to the accuracy and integrity of this document CRM-M-28347-2026 (O&M) -:5:- or ancillary to the present proceedings, shall also stand disposed of accordingly. No separate or further orders are required to be passed in respect thereof. ( VIRINDER AGGARWAL) 10.07.2026 JUDGE Gaurav Sorot Whether reasoned / speaking? Yes / No Whether reportable? Yes / No GAURAV SOROT 2026.07.10 16:07 I attest to the accuracy and integrity of this document