CRM-M No.26367 of 2026 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 226 CRM-M No.26367 of 2026 Date of decision: 28.07.2026 Mohit Kumar ... Petitioner Vs. State of Haryana ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Shahin Hussan, Advocate, for the petitioner. Mr. Neeraj Poswal, AAG, Haryana, for the respondent-State. ---- MANISHA BATRA, J. (Oral) 1. The present petition has been filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking regular bail in the FIR mentioned below:- FIR No. Dated Police Station Sections 25 20.01.2025 Chandimandir, District Panchkula 22(c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) 2. As per the allegations, on 20.01.2025, a secret information was received by police to the effect that the petitioner was engaged in sale of MANJU 2026.07.28 14:25 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.26367 of 2026 -2- narcotic tablets and on that very day also, he was going to supply such tablets to someone in the area of road leading from Village Rihore to Barwala and could be apprehended. Believing the secret information to be true, a raiding party was formed which reached at the informed place and apprehended the petitioner. On conducting search, 5760 tablets of Lomotil-salt were recovered from his conscious possession. He was formally arrested. The recovered tablets were taken into custody. Investigation now stands completed. 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. He is in custody for a period of about 01 year and 06 months. His further incarceration would not serve any useful purpose. There are no chances of conclusion of trial in near future. The falsity of the version in the FIR stands established from the fact that within a span of two days, two different FIRs had been registered against him at the same police station. The co-accused have been extended benefit of bail. With these broad submissions, it is urged that he deserves to be given concession of bail. 4. Per contra, learned State counsel has argued that the allegations against the petitioner are serious in nature. He is habitual offender being involved in one more case. The recovered tablets were of commercial quantity and, therefore, the rigors of Section 37 of NDPS Act are attracted in this case. With these broad submissions, it is urged that the MANJU 2026.07.28 14:25 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.26367 of 2026 -3- petition does not deserve to be allowed. 5. This Court has considered the rival submissions. 6. The commercial quantity of intoxicant tablets of Lomotil were recovered from the petitioner. His case cannot be stated to be at parity with the case of the co-accused who were nominated on the disclosure statement of the petitioner himself. The allegations prima facie make out a case for commission of subject offences by the petitioner. The rigors of Section 37 of NDPS Act are attracted in this case. Taking into consideration the gravity of the allegations as levelled against the petitioner, the quantum of sentence which the conviction may entail and the attendant facts and circumstances, this Court is of the considered opinion that the petition does not deserve to be allowed. Accordingly, the same is dismissed. 7. It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. (MANISHA BATRA) 28.07.2026 JUDGE manju Whether speaking/reasoned Yes/No Whether reportable Yes/No MANJU 2026.07.28 14:25 I attest to the accuracy and authenticity of this order /judgment Chandigarh