CRM-M-44504-2026 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH 223 CRM-M-44504-2026 (O&M) Date of decision: 27.08.2026 Darshan Kumar @ Darshan Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Mandeep Singh Puri, Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab. MANISHA BATRA, J. (Oral) 1. The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the petitioner in case bearing FIR No.113 dated 11.11.2025, registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Block Majri, District SAS Nagar, Mohali. 2. As per the allegations, on 11.11.2025, the petitioner and co- accused Safi Mohammad was apprehended by a police party and recovery of 16,800 tablets of Lomotil was effected from them. Since they could not produce any valid license or permit to keep in his possession the recovered tablets, they were formally arrested at the spot. After completion of necessary investigation and usual formalities, challan was presented in the Court and presently, the petitioner along with he co-accused is facing trial for MOHAMMAD WASEEM ANSARI 2026.08.27 16:05 I attest to the accuracy and integrity of this document CRM-M-44504-2026 (O&M) -2- commission of aforementioned offence. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He has been in custody since 11.11.2025 and the investigation is already complete. He has clean antecedents. The trial is likely to take considerable time. His continued incarceration would serve no useful purpose. Learned counsel further submits that the petitioner is suffering from respiratory and other health-related problems and requires regular medical treatment, monitoring and evaluation. It is accordingly prayed that, at least on medical and humanitarian grounds, the petitioner be released from custody. Hence, it is urged that the petition deserves to be allowed. 4. Status report along with the medical status report of the petitioner has been filed by the respondent-State. Learned State counsel opposes the prayer for regular bail and submits that the allegations against the petitioner involve recovery of commercial quantity of the contraband, which attracts the bar contained in Section 37 of the NDPS Act. Hence, it is urged that the petition is liable to be dismissed. 5. This Court has heard the rival submissions. 6. The allegations against the petitioner are serious and pertain to recovery of commercial quantity of the contraband, which obviously attracts the rigours of Section 37 of the NDPS Act. Therefore, this Court is not inclined to grant regular bail to the petitioner at this stage. However, the present case also presents a subsequent development concerning the petitioner's health. The medical status report issued by the Medical Officer, New District Jail, Nabha records that the petitioner has a history of chronic smoking and OOAT treatment; has undergone right-eye cataract surgery; and, MOHAMMAD WASEEM ANSARI 2026.08.27 16:05 I attest to the accuracy and integrity of this document CRM-M-44504-2026 (O&M) -3- more recently, has been experiencing generalized weakness, bilateral leg pain, lethargy, dizziness and increased respiratory efforts. Significantly, the medical examination dated 06.08.2026 records clubbing of both fingernails and the chest X-ray reveals tiny reticule-nodular opacities in the right mid-lung zone. The blood investigations have also shown mildly raised AST/ALT and ESR. Though the petitioner is presently stated to be haemodynamically stable, the report itself records that he is under observation and treatment and may require referral to a higher medical centre as and when necessary. Having regard to the aforesaid medical circumstances, the period already undergone in custody and the requirement of continued medical evaluation and treatment, this Court is of the considered view that a limited period of interim bail on medical grounds would meet the ends of justice. The concession is being granted solely on account of the petitioner's present medical condition and shall not be construed as an expression of opinion on the merits of the allegations or on the applicability of the conditions contained in Section 37 of the NDPS Act. Consequently, the present petition is disposed of. The petitioner is ordered to be released on interim bail for a period of three months from the date of his release, subject to his furnishing personal and surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate concerned. The petitioner shall abide by the following conditions: i. He shall not commit any offence during the period of interim bail. ii. He shall not directly or indirectly attempt to influence, threaten or induce any prosecution witness or tamper with the evidence. iii. He shall not leave the country without prior permission of this Court. MOHAMMAD WASEEM ANSARI 2026.08.27 16:05 I attest to the accuracy and integrity of this document CRM-M-44504-2026 (O&M) -4- iv. He shall furnish his current residential address and mobile number to the Investigating Officer/trial Court and shall keep the same operational during the period of interim bail. v. He shall make himself available for medical examination/treatment as advised by the competent medical authorities and shall not misuse the concession of interim bail. vi. The petitioner shall surrender before the learned trial Court on or before the expiry of three months from the date of his release, unless his custody is otherwise modified by a competent Court in accordance with law. 27.08.2026 (MANISHA BATRA) Waseem Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHAMMAD WASEEM ANSARI 2026.08.27 16:05 I attest to the accuracy and integrity of this document