154 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34744-2026 Date of decision: July 14, 2026 Date of uploading: July 14, 2026 Lakhwinder Singh @ Lakhi ….Petitioner Versus State of Haryana ….Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Shivam Kamoj Sirsa, Advocate for the petitioner. Mr. Gautam Kaile, DAG, Haryana. ***** SUMEET GOEL, J. (ORAL) Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case bearing FIR No.87 dated 13.02.2026 registered for the offences punishable under Sections 21(B)/61/85 of Narcotic Drugs and Psychotropic Substances Act 1985, at Police Station City Sirsa, District Sirsa. 2. The gravamen of the FIR in question pertains to recovery of 160.9 grams of heroin, allegedly recovered from the petitioner. 3. Learned counsel appearing for the petitioner has argued that that the petitioner is in custody since 13.02.2026. He has further submitted that NAVEEN NAGPAL the petitioner has been falsely implicated into the FIR in question. Learned 2026.07.14 17:32 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh 2 CRM-M-34744-2026 counsel appearing for the petitioner has further argued that the contraband alleged to have been recovered from the petitioner is 160.9 grams of heroin, which is non-commercial in nature & hence rigor of Section 37 of NDPS Act would not apply. The petitioner is a young married man aged 35 years with clean antecedents and is the sole bread-earner of his family. Learned counsel appearing for the petitioner has further argued that mandatory provisions of NDPS Act have not been scrupulously complied with while undertaking the investigation. Learned counsel appearing for the petitioner has further urged that the recovery is tainted one. Learned counsel has further iterated that the petitioner has suffered incarceration for more than four months. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, thus, he does not deserve the concession of the regular bail. Learned State counsel seeks to place on record the custody certificate dated 12.07.2026. 5. I have heard counsel for the rival parties and have gone through the available records of the case. 6. The petitioner was arrested on 13.02.2026 whereinafter investigation was carried out and challan was presented on 09.04.2026 & charges are yet to be framed. Total 16 prosecution witnesses have been cited, out of which none has been examined till date. The contraband alleged to have been recovered from the petitioner is 160.9 grams of heroin, which is non- commercial in nature & hence it is indubitable that rigor of Section 37 of NDPS Act would not apply. The rival contentions raised at Bar give rise to debatable issues, which shall be ratiocinated upon during the course of trial. NAVEEN NAGPAL 2026.07.14 17:32 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh 3 CRM-M-34744-2026 This Court does not deem it appropriate to delve deep into these rival contentions at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1. Further, as per custody certificate filed today by learned State counsel, the petitioner has suffered incarceration for a period of 4 months and 27 days and is not shown to be involved in any other FIR/case. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned trial Court/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned trial Court/Duty Magistrate, the petitioner shall remain bound by the following conditions: (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. (viii) The petitioner shall submit, on the first working day of every month, an affidavit, before the concerned trial Court, to the effect that he has not been involved in commission of any offence after being released on bail. In case the petitioner is found to be involved in any offence after his being enlarged on bail in the present FIR, on the basis of his affidavit or otherwise, the State is mandated to move, NAVEEN NAGPAL 2026.07.14 17:32 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh 4 CRM-M-34744-2026 forthwith, for cancellation of his bail which plea, but of course, shall be ratiocinated upon merits thereof. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned trial Court/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. 11. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. (SUMEET GOEL) JUDGE July 14, 2026 Naveen Whether speaking/reasoned: Yes/No Whether reportable: Yes/No NAVEEN NAGPAL 2026.07.14 17:32 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh