234 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32686-2026 Date of Decision:15.07.2026 Varun @ Babbu …Petitioner Vs. State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Joginder Pal Ratra, Advocate Mr. Aman Partap Singh, Advocate for the petitioner. Mr. Amit Rana, Sr. DAG, Punjab. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the present petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail to him in case FIR No.49, dated 16.03.2026, registered under Sections 21-B, 27- A, 61,85 of N.D.P.S Act, at Police Station Ranjit Avenue, District Amritsar (Annexure P-1). 2. Learned counsel for the petitioner contends that as per the case set up by the prosecution, the petitioner was apprehended by the police, while he was carrying six grams of heroin along with drug money of Rs.600/- in his conscious possession. He further submits that the quantity of contraband recovered from the petitioner falls within the ambit of “non-commercial” quantity and the bar contained in Section 37 of the NDPS Act did not apply to the facts of the present case. HITESH 2026.07.15 16:47 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-32686-2026 -2 3. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that four other FIRs including one FIR under the provisions of NDPS Act have been registered against the petitioner and the present petition deserves to be dismissed by this Court. 4. I have heard the learned counsel for the parties and perused the record carefully. 5. In the present case, the quantity of heroin, which was allegedly recovered from the petitioner does not fall within the ambit of “commercial quantity” and the rigors of Section 37 of the NDPS Act may not apply to the facts of the present case. 6. Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds and surety to the satisfaction of the concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority. (ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. (iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect. HITESH 2026.07.15 16:47 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-32686-2026 -3 (v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner is involved in any other criminal activity, during the pendency of the trial, it shall be viewed seriously. (vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner. 7. In case, the petitioner violates any of the conditions mentioned above, it shall be viewed seriously and the concession of bail granted to him shall be liable to be cancelled and the prosecution shall be at liberty to move an application in this regard. (N.S.SHEKHAWAT) 15.07.2026 JUDGE hitesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HITESH 2026.07.15 16:47 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh