CRM-M-23081-2026 (O&M) 1 215 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-23081-2026 (O&M) Date of Decision: 23.07.2026 MOHMED IQBAL @ IQBAL KHAN ...Petitioner Vs. STATE OF PUNJAB ...Respondent CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: Mr. Rahul Garg, Advocate for the petitioner. Ms. Navreet Kaur, AAG, Punjab. VIRINDER AGGARWAL , J. (Oral) 1. The present petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS") (corresponding to Section 439 of the Code of Criminal Procedure, 1973), has been filed by the petitioner seeking grant of regular bail in FIR No. 28 dated 25.02.2026, registered under Sections 15 and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station GRP Bathinda, District Government Railway Police, during the pendency of trial. 2. The prosecution case, in brief, is that on 25.02.2026, a police party of GRP Mansa was present at Railway Station Mansa for checking suspicious persons. During checking at Platform No.01, the petitioner was allegedly found carrying a blue kit bag and, on seeing the police party, became nervous and tried to move away. On being stopped, he disclosed his identity as Mohammad Iqbal @ Iqbal Khan. After complying with the provisions of Sections 42 and 50 of the NDPS Act, the search of the said bag was conducted, from which 07 kilograms of poppy husk (bhuki/chura/doda post) was allegedly recovered. The recovered contraband was taken into possession, KUMUD VERMA 2026.07.24 14:50 I attest to the accuracy and integrity of this document Chandigarh CRM-M-23081-2026 (O&M) 2 sealed as per procedure and the present FIR was registered under Sections 15 and 27 of the NDPS Act. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and is in custody since 25.02.2026. It is contended that the alleged recovery of 07 kilograms of poppy husk has been planted upon the petitioner and the prosecution version is doubtful. Learned counsel further submits that the investigation stands completed, the challan has been presented and the petitioner is no longer required for any custodial interrogation. It is further argued that the petitioner has been in custody since the date of registration of FIR and the trial is likely to take considerable time to conclude. Learned counsel submits that the petitioner is willing to abide by any condition imposed by this Court and undertakes not to misuse the concession of bail or influence the prosecution witnesses. It is, therefore, prayed that the petitioner be granted the concession of regular bail during the pendency of trial. 4. Notice of motion. 5. Ms. Navreet Kaur, learned Assistant Advocate General, Punjab, has put in appearance on behalf of the respondent-State and has placed on record the custody certificate dated 22.07.2026, as per which the petitioner has already undergone custody of 04 months and 26 days. 5.1 Learned State counsel opposes the prayer for grant of regular bail and submits that the petitioner was apprehended with 07 kilograms of poppy husk, which is a commercial quantity under the NDPS Act. It is contended that the recovery was effected from the bag carried by the petitioner and the provisions of the NDPS Act were duly complied with. Learned State counsel KUMUD VERMA 2026.07.24 14:50 I attest to the accuracy and integrity of this document Chandigarh CRM-M-23081-2026 (O&M) 3 further submits that the petitioner is involved in four other cases, which reflects his criminal antecedents. 6. I have heard the learned counsel for the respective parties at considerable length and have carefully perused the paper book as well as the material placed on record with their able assistance. 7. Be that as it may, considering the custody period already undergone by the petitioner, who has remained in judicial custody since 25.02.2026, and the fact that the investigation stands concluded and the challan has already been presented before the learned Trial Court, the petitioner is no longer required for custodial interrogation. It is further noticed that the alleged recovery of 07 kilograms of poppy husk (bhuki/chura/doda post) falls within the intermediate quantity and, therefore, the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 are not attracted. The alleged recovery has already been effected and the questions regarding the manner of recovery, conscious possession of the contraband and compliance with the mandatory provisions of the NDPS Act are matters to be adjudicated during the course of trial. The trial is yet to commence and is likely to take considerable time to reach its logical conclusion. In such circumstances, no useful purpose would be served by keeping the petitioner behind bars for an indefinite period. Moreover, the mere pendency of another FIR against the petitioner, in the absence of any material to show misuse of the concession of bail or likelihood of his absconding or tampering with the prosecution evidence, cannot, by itself, be a ground to decline the concession of regular bail. KUMUD VERMA 2026.07.24 14:50 I attest to the accuracy and integrity of this document Chandigarh CRM-M-23081-2026 (O&M) 4 15. Accordingly, the present petition is allowed, and the petitioner is ordered to be admitted on regular bail, subject to furnishing requisite bail and surety bonds to the satisfaction of the learned Chief Judicial Magistrate concerned/Illaqa Magistrate/Duty Magistrate, as the case may be, and further subject to the following conditions:- 1. The petitioner 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. 2. The petitioner shall not tamper with the prosecution evidence in any manner whatsoever, nor shall attempt, directly or indirectly, to influence, intimidate, or contact any prosecution witness. 3. The petitioner shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event he is in possession of a passport, he shall furnish its particulars before the Investigating Officer as well as the learned Trial Court. 4. The learned Illaqa Magistrate/Duty Magistrate, before accepting the bail and surety bonds, shall obtain from the petitioner his permanent residential address as well as present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours from the acceptance of the bail bonds and shall place a verification report on the record. In the event either 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. 5. The petitioner 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, 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 KUMUD VERMA 2026.07.24 14:50 I attest to the accuracy and integrity of this document Chandigarh CRM-M-23081-2026 (O&M) 5 particulars or furnishing of false information shall constitute a valid ground for seeking cancellation of bail in accordance with law. 6. The petitioner 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 from the date of such change. 7. The petitioner 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 his personal appearance is exempted in accordance with law. He shall not absent himself from the proceedings without obtaining prior permission of the learned Trial Court. In the event of any violation of the aforesaid conditions or his 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 regular bail and issuance of appropriate coercive process, including warrants of arrest. 16. Pending application(s), if any, shall also stand disposed of as having been rendered infructuous. (VIRINDER AGGARWAL) JUDGE 23.07.2026 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA 2026.07.24 14:50 I attest to the accuracy and integrity of this document Chandigarh