CRM-M-38250-2026 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH 247 CRM-M-38250-2026 (O&M) Date of decision: 21.07.2026 Ishwar ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Randeep S. Dhull, Advocate for the petitioner. (Through VC) Mr. Neeraj Poswal, AAG, Haryana. MANISHA BATRA, J. (Oral) 1. Prayer in the present petition, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No.290 dated 20.11.2025, registered under Sections 18(c) and 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), at Police Station Siwani, District Bhiwani. 2. Brief facts of the case are that on 20.11.2025, while the police party was on routine patrolling duty, ASI Jogender Pal received a secret information that the petitioner was indulging in the sale of narcotic substances and would be coming near the Old Bus Stand, Siwani from the Railway Station carrying opium in a polythene bag. It was further disclosed that if a raid was conducted immediately, he could be apprehended along with the contraband. Believing the information to be reliable, the police party proceeded towards the disclosed place and laid a naka. After some MOHAMMAD WASEEM ANSARI 2026.07.22 09:09 I attest to the accuracy and integrity of this document CRM-M-38250-2026 (O&M) -2- time, a person carrying a polythene bag was noticed coming from the side of the Railway Station, who, on the basis of the secret information, was apprehended. He disclosed his name as ‘Ishwar’, i.e. the present petitioner. The petitioner was informed of his legal right under the provisions of the NDPS Act and a Gazetted Officer was summoned to the spot. Thereafter, search of the polythene bag allegedly being carried by the petitioner was conducted, leading to the recovery of 1.146 kilograms of opium. Apart from this, one mobile phone, a wallet and some cash were also recovered from his personal search. The recovered articles were taken into possession. After completion of necessary investigation and usual formalities, challan was presented in the Court and presently, the petitioner is facing trial for commission of aforementioned offence. 3. Learned counsel for the petitioner has submitted that he has been falsely implicated in this case. In fact, the alleged recovered contraband was planted on him. He is not involved in any other case and has clean antecedents. Even otherwise, the quantity of the recovered contraband does not fall under commercial quantity. The petitioner has been in judicial custody since 20.11.2025. Trial will take time to conclude. No useful purpose would be served by keeping him in custody anymore. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be released on regular bail. 4. Notice of motion. 5. Learned State counsel has advance notice of the petition and is ready to argue the matter. He has filed the custody certificate of the petitioner. It is submitted by him that keeping in view the gravity of the MOHAMMAD WASEEM ANSARI 2026.07.22 09:09 I attest to the accuracy and integrity of this document CRM-M-38250-2026 (O&M) -3- allegations levelled against the petitioner, he is not entitled to get benefit of bail. Hence, it is urged that the petition is liable to be dismissed. 6. This Court has heard the rival submissions. 7. The petitioner has remained in custody since 20.11.2025. The quantity of the contraband allegedly recovered from him does not fall under commercial quantity. Investigation has since been completed and challan has been filed. Conclusion of trial would obviously take time. He is not shown to be involved in any other criminal case. Keeping in view the aforesaid facts, this Court is of the considered opinion that no useful purpose would be served by keeping him in custody anymore. Accordingly, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. However, it will be open for the prosecution to apply for cancellation of bail in case the petitioner is found involved in any other subsequent case. 8. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 21.07.2026 (MANISHA BATRA) Waseem R. Ansari Waseem R. Ansari Waseem R. Ansari Waseem R. Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHAMMAD WASEEM ANSARI 2026.07.22 09:09 I attest to the accuracy and integrity of this document