CRM-M-47971-2026 1 225 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-47971-2026 Date of Decision: 02.09.2026 PAWAN KUMAR ...Petitioner Vs. STATE OF HARYANA ...Respondent CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: Mr. Ritesh Tomar, Advocate with Mr. R.S. Randhawa, Advocate and Mr. J.P. Sharma, Advocate for the petitioner. Mr. Karan Veer Singh, Senior DAG, Haryana. VIRINDER AGGARWAL , J. (Oral) 1. The present petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), corresponding to Section 439 Cr.P.C., has been filed for grant of regular bail to the petitioner in FIR No. 91 dated 13.03.2024, registered under Sections 20 and 27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985, with Section 27-A having been added later on, at Police Station Sadar Mahendergarh, District Mahendergarh, Haryana (Annexure P-1). 2. As per the prosecution version, on 13.03.2024, ASI Sanjeev, along with other police officials, was present at Bus Stand Duloth Ahir for checking when a secret informer disclosed that Ved Parkash son of Niranjan Lal, resident of Brijpura, Police Station Buhana, was standing on a motorcycle bearing registration No. RJ-18CS-4750 at a kacha passage on the Duloth- Sohali road and was carrying ganja in a white polythene bag, which he used to sell, and that he could be apprehended if a raid was conducted. Acting upon the secret information, the police party reached the disclosed place and KUMUD VERMA 2026.09.03 10:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-47971-2026 2 apprehended Ved Parkash, who was found sitting on the motorcycle and carrying a white polythene bag. A notice under Section 50 of the NDPS Act was served upon him, whereupon he opted to have his search conducted in the presence of a Magistrate. Accordingly, Jaivir Yadav, ETO, Narnaul, was called to the spot. In his presence, the search of the white polythene bag carried by Ved Parkash was conducted, from which a leafy substance was recovered. On examination by smell and experience, the substance was found to be ganja. The accused failed to produce any licence or permit for possession thereof. On weighing, the recovered ganja was found to be 500 grams. The recovered contraband was thereafter sealed and taken into police possession along with the sample. On the basis of the aforesaid recovery, present FIR came to be registered under Section 20 of the NDPS Act against Ved Parkash. During the course of investigation, the present petitioner, who was not named in the FIR, was subsequently nominated on the basis of the disclosure statement allegedly suffered by co-accused Ved Parkash. The petitioner was thereafter challaned, initially with the allegation of commission of an offence under Section 29 of the NDPS Act, and subsequently Section 27-A of the NDPS Act was added during the proceedings. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has been in custody since 08.07.2026. It is submitted that the petitioner was not named in the FIR and no narcotic substance was recovered from his possession. His implication is based solely upon the disclosure statement of co-accused Ved Parkash. Learned counsel further submits that the petitioner was arrested on 15.03.2024 and was granted bail, which he continued to enjoy till 08.07.2026 without KUMUD VERMA 2026.09.03 10:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-47971-2026 3 misusing the concession. It is submitted that the petitioner was taken into custody on 08.07.2026 only after Section 27-A of the NDPS Act was added subsequently, despite there being no recovery from him. 3.1 It is further submitted that the alleged recovery in the present FIR is only 500 grams of ganja, which is below the commercial quantity prescribed under the NDPS Act, and the petitioner was neither present at the spot nor was he found in possession of any contraband. Learned counsel submits that there is no material to establish any connection of the petitioner with the alleged recovery. It is further submitted that no offence under Section 27-A of the NDPS Act is made out against the petitioner and the said provision has been wrongly added during the course of proceedings. It is submitted that there is no material showing that the petitioner financed or harboured any activity relating to illicit traffic in narcotic drugs or psychotropic substances. 3.2 It is further submitted that the investigation stands completed and challan has already been presented, while the trial is likely to take considerable time. The petitioner is the sole breadwinner of his family and his further incarceration would serve no useful purpose. It is also submitted that the petitioner has already approached the learned Additional Sessions Judge, Narnaul, but his prayer for regular bail was declined vide order dated 06.08.2026. 4. Notice of motion. 5. Mr. Karan Veer Singh, Senior DAG, Haryana, has put in appearance on behalf of the respondent-State and has filed the custody certificate dated 31.08.2026, which is taken on record, subject to all just KUMUD VERMA 2026.09.03 10:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-47971-2026 4 exceptions. As per the custody certificate, the petitioner has already undergone a total custody period of 01 month and 24 days. 6. Learned State counsel opposes the bail and submits that the petitioner was subsequently nominated during investigation on the basis of the disclosure statement of co-accused Ved Parkash, from whose possession 500 grams of ganja was recovered. It is submitted that the allegations against the petitioner are serious in nature and Section 27-A of the NDPS Act has subsequently been added in the case. Learned State counsel further submits that the petitioner has several previous cases registered against him, including multiple cases under the NDPS Act, which reflect his antecedents and weigh against grant of bail. 7. Be that as it may, considering that the petitioner was already on regular bail in the present case and was taken into custody pursuant to order dated 08.07.2026 passed by the learned JMIC, Mahendergarh, and the fact that the investigation already stands completed and the challan has been presented before the learned Trial Court, further incarceration of the petitioner deserves consideration. A perusal of the aforesaid order dated 08.07.2026 reveals that the Investigating Officer himself stated that Section 27-A of the NDPS Act had been added at the instance of the learned Deputy District Attorney, Narnaul. The Investigating Officer further stated that the challan had been forwarded under Section 29 of the NDPS Act and reiterated that, according to the investigation conducted by him, only Section 29 of the NDPS Act was applicable to the facts of the present case. Thus, prima facie, there is no material on record to demonstrate as to how the ingredients of Section 27-A of the NDPS Act are attracted against the petitioner. It appears that the said KUMUD VERMA 2026.09.03 10:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-47971-2026 5 provision has been invoked just to bring the offence within the ambit of Section 37 of the NDPS Act in order to curtail the liberty of the petitioner. It is also significant that the petitioner was not named in the FIR, no contraband was recovered from his possession and his implication is stated to be on the basis of the disclosure statement of the co-accused. The alleged recovery of 500 grams of ganja from the co-accused is also not attributable to the petitioner. The petitioner had earlier remained on regular bail in the present case and there is no allegation that he had misused the concession of bail. In these circumstances, and keeping in view the period of incarceration undergone by the petitioner, the trial is likely to take considerable time to reach its logical conclusion. Without expressing any final opinion on the merits of the case, this Court is of the considered view that further incarceration of the petitioner would not serve any useful purpose. 8. Reliance is placed upon the judgment of the Hon’ble Apex Court in Dataram Singh v. State of Uttar Pradesh & Another, 2018 (2) R.C.R. (Criminal) 131, wherein it has been held that grant of bail is the rule and refusal thereof is an exception, and that a person is presumed to be innocent until proven guilty. It is further submitted that the right to speedy trial forms an integral part of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India, and the same has been consistently recognised by the Hon’ble Supreme Court, including in Balwinder Singh v. State of Punjab & Another (SLO (Crl.) No. 8523/2024). In these circumstances, continued incarceration of the petitioner would serve no useful purpose, particularly when the trial can be effectively safeguarded by imposing appropriate conditions. KUMUD VERMA 2026.09.03 10:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-47971-2026 6 9. 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 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 KUMUD VERMA 2026.09.03 10:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-47971-2026 7 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. (VIRINDER AGGARWAL) JUDGE 02.09.2026 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA 2026.09.03 10:40 I attest to the accuracy and integrity of this document Chandigarh