CRM-M-37045-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 265 CRM-M-37045-2026 (O&M) Date of decision:15.07.2026 Ashu @ Akash @ Daddo ... Petitioner Vs. State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Harmanpreet Singh, Advocate for the petitioner. Mr. Durgesh Garg, AAG, Punjab. ... Manisha Batra, J. (Oral). 1. The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of regular bail in case arising out of FIR No.2, dated 05.01.2026, registered under Sections 21, 27(a) and 29 of the NDPS Act, at Police Station Chattiwind, District Amritsar Rural. 2. As per the allegations, on 05.01.2026, a police party was performing patrolling duty near Bharat Mala Bridge towards village Pandor, when a youth was seen standing there. On seeing the police party, he got panicked and tried to flee while throwing a transparent polythene packet held in his right hand. He was apprehended and on interrogation, he disclosed his name as Ashu @ Daddo @ Akash. Upon checking the said HARJEET KAUR 2026.07.16 11:22 I attest to the accuracy and integrity of this document CRM-M-37045-2026 (O&M) -2- polythene packet, it was found to be containing heroin. On weighing, 7.5 grams of heroin was found to be kept in the same. Recovery of drug money of Rs.700/- was also effected from him. He was formally arrested. Investigation is still underway. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. A false recovery has been planted upon him. The alleged recovery is of non-commercial quantity. The trial will take considerable time to conclude as the investigation is still underway. His further incarceration would not serve any useful purpose. He is ready to abide by the terms and conditions to be imposed upon him. It is, therefore, urged that the petitioner deserves to be extended benefit of bail. 4. Notice of motion. 5. Learned State counsel has advance notice of the petition and has argued that keeping in view the gravity of the allegations as levelled against the petitioner, he does not deserve to be extended the benefit of bail. 6. This Court has heard rival submissions made by learned counsel for the parties. 7. The petitioner is alleged to have been found in conscious possession of 7.5 grams of heroin which is of non-commercial quantity along with drug money of Rs.700/- . It is only on the basis of evidence to be produced during trial that it can be assessed that the money that was recovered from the petitioner was drug money or not? He is in custody since 05.01.2026. The trial will obviously take time to conclude as the investigation is still going on. Keeping in view the period of incarceration of the petitioner, the nature of the subject offences and the above discussed HARJEET KAUR 2026.07.16 11:22 I attest to the accuracy and integrity of this document CRM-M-37045-2026 (O&M) -3- facts, this Court is of the considered opinion that the petitioner deserves to be extended the benefit of bail. Accordingly, the petition is allowed and the petitioner is ordered to be admitted to bail subject to his furnishing personal/surety bonds to the satisfaction of learned trial Court/learned Chief Judicial Magistrate/Duty Magistrate concerned. 8. It is, however, made clear that nothing stated hereinabove shall have any bearing on the merits of the case. 9. Since the main petition has already been disposed of, pending application, if any, is rendered infructuous. (MANISHA BATRA) 15.07.2026 JUDGE harjeet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HARJEET KAUR 2026.07.16 11:22 I attest to the accuracy and integrity of this document