226 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No.26769 of 2026 Date of Decision:- 24.08.2026 Harbaj Singh @ Baaj Singh …..Petitioner. Versus State of Punjab .....Respondent. CORAM: HON’BLE MR. JUSTICE VIKRAM AGGARWAL ***** Present:- Mr. Dilpreet Singh Gandhi, Advocate for the petitioner. Mr. Rahul Jindal, AAG, Punjab. VIKRAM AGGARWAL, J. (ORAL) This is the second petition preferred under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’) for the grant of regular bail to the petitioner in case FIR No.15 dated 20.01.2025 registered under Sections 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’), at Police Station Gharinda, District Amritsar, the first bail application having been withdrawn on 02.12.2025 (Annexure P-4). 2. Reply by way of affidavit of Sh. Yadwinder Singh, PPS, Deputy Superintendent of Police, Sub-Division Attari, Amritsar Rural and the custody certificate dated 22.08.2026, filed in Court today, are taken on YAG DUTT 2026.08.24 17:07 I attest to the accuracy and authenticity of this order/judgment. CRM-M No.26769 of 2026 -2- record. The Registry is directed to tag the same at an appropriate place on the case file. 3. On 20.01.2025, on the basis of a secret information, two persons namely Harbaj Singh alias Baaj (petitioner) and Sandeep Singh were apprehended. One of them is alleged to have thrown a packet in the nearby fields, which upon checking, was found to contain 500 grams heroin. 4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that since the heroin is alleged to have been thrown by one of the persons, the name of whom has not been disclosed, it cannot be said to be a case of conscious possession. He further submits that the petitioner is in custody right since the day of his arrest i.e. 20.01.2025; 01 year 07 months have gone by; antecedents of the petitioner are largely clean; investigation stands completed; charges stand framed on 19.04.2026, however, out of 17 prosecution witnesses, no witness has been examined; trial will still take a sufficiently long time and, therefore, no useful purpose would be served by keeping the petitioner in custody any longer. 5. Per contra, learned State counsel has opposed the bail application stating that a commercial quantity of heroin is alleged to have been recovered from the petitioner and, therefore, rigors of Section 37 of the NDPS Act would apply. 6. I have considered the submissions made by learned counsel for the parties. YAG DUTT 2026.08.24 17:07 I attest to the accuracy and authenticity of this order/judgment. CRM-M No.26769 of 2026 -3- 7. The allegations in the FIR are vague. It has not been specified as to who had thrown the packet. Still further, as to whether it would be taken to be a case of conscious possession or not, shall be determined at the stage of trial. Antecedents of the petitioner are largely clean barring another case under the NDPS Act registered after he was arrested in the present case. Investigation stands concluded. Final report stands submitted. Charges were framed on 19.04.2026, but out of 17 prosecution witnesses, none has been examined till date. It is, therefore, clear that trial will still take a sufficiently long time thereby prejudicing the right of the petitioner to a speedy trial. He is in custody for the last 01 year and 07 months and, therefore, no useful purpose would be served by keeping the petitioner in custody any longer. 8. In view of the aforementioned facts and circumstances, without expressing any opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Chief Judicial Magistrate/Duty Magistrate. (VIKRAM AGGARWAL) August 24, 2026 JUDGE Yag Dutt Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No YAG DUTT 2026.08.24 17:07 I attest to the accuracy and authenticity of this order/judgment.