CRM-M-31566-2026(O&M) and CRM-M-29422-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA 151+226+269 AT CHANDIGARH Date of decision: 27.08.2026 CRM-M-31566-2026 MANISH KUMAR @ MANNI ….PETITIONER V/S STATE OF HARYANA …. RESPONDENT CRM-M-29422-2026 SUNIL KUMAR @ RANA ….PETITIONER V/S STATE OF HARYANA …. RESPONDENT CORAM: HON’BLE MR. JUSTICE H.S.GREWAL Present: Mr. Sahil Choudhary, Advocate for the petitioner in CRM-M-31566-2026. Mr. Rakesh Dhiman, Advocate for the petitioner in CRM-M-29422-2026 Mr. Neeraj Sheoran, Sr. DAG,Haryana. **** H.S.GREWAL,J. (ORAL) CRM-35687-2026 This application has been filed under Section 528 of the BNSS/Section 482 Cr.P.C for permission to correct/amend in the head note and prayer clause of the main petition by correcting the description of the present petition as the “third” petition for regular bail instead of the “second “ petition. For the reasons stated in the application, the same is allowed. Accordingly, the “second petition” appearing in the headnote and prayer clause of the main petition shall be read as “third petition.” Registry is directed to do the needful, accordingly. RENU RAWAT 2026.08.31 16.53 I attest to the accuracy and integrity of this document Chandigarh CRM-M-31566-2026(O&M) and CRM-M-29422-2026 2 Main case: 1. By this common order, two petitions filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are being decided, as both arise out of FIR No. 37 dated 09.02.2025 registered under Sections 21 and 29 of the NDPS Act at Police Station Parao, Ambala Cantt, District Ambala, Haryana. 2. The petitioners seek grant of regular bail during the pendency of trial in the aforesaid FIR. 3. As per the prosecution, on 09.02.2025, ASI Manoj Kumar received secret information that two persons were transporting heroin in an Innova car bearing registration No. HR-85A-0206. A naka was laid and the vehicle was intercepted. Petitioner Manish Kumar @ Manni was driving the vehicle, whereas petitioner Sunil Kumar @ Rana was seated on the front passenger seat. Upon search of the vehicle in the presence of Virender Sharma, HPS, DSP (Crime) 457 grams of heroin was allegedly recovered from underneath the conductor-side seat. Consequently, the present FIR was registered under Sections 21 and 29 of the NDPS Act. 4. Learned counsel for the petitioners contends that neither of the petitioners were found in conscious possession of the alleged contraband, as no recovery was effected from their personal search and the recovery was allegedly made from beneath the conductor-side seat of the vehicle. It is submitted that mere presence in the vehicle or driving the vehicle is insufficient to establish conscious possession. Learned counsel also relies upon the FSL report to contend that the recovered substance was a mixture containing diacetylmorphine along with paracetamol and caffeine, and submits that the actual quantity of heroin has not been quantified. Reliance is placed upon the judgment of the RENU RAWAT 2026.08.31 16.53 I attest to the accuracy and integrity of this document Chandigarh CRM-M-31566-2026(O&M) and CRM-M-29422-2026 3 Hon'ble Supreme Court in Sentu Seikh v. State of West Bengal in support of the submission that the rigours of Section 37 may not automatically apply in such circumstances. It is further submitted that the petitioners have remained in custody for about one year and six months, the investigation stands completed, and only one out of nineteen prosecution witnesses has been examined; therefore, the trial is likely to take considerable time. 5. Learned State counsel opposes the petitions and submits that 457 grams of heroin, which is commercial quantity, was recovered from the vehicle occupied by both petitioners. It is contended that the recovery was effected pursuant to secret information in the presence of a Gazetted Officer, the investigation is complete, the FSL report confirms the presence of heroin, and the petitioners are liable under Sections 21 and 29 of the NDPS Act on the basis of joint and conscious possession therefore ld. State counsel prays for dismissal of both petitions. He has filed the custody certificates of both the petitioners in the Court today and the same are taken on record. As per custody certificates, both the petitioners are in custody for the last more than 01 years 06 months. 6. I have heard the submissions made by ld. counsel for the parties and perused the record. 7. Keeping in view the facts and circumstances of the case, this Court is of the opinion that the petitioners are not entitled to the grant of regular bail. The contention that no contraband was recovered from their personal search is rejected at this stage, as the alleged recovery from beneath the conductor-side seat is a point to be appreciated during trial. The FSL report, which shows the seized substance to be a mixture of diacetylmorphine, paracetamol, and caffeine, is not to weaken the prosecution case or dilute the rigour of Section 37 of the RENU RAWAT 2026.08.31 16.53 I attest to the accuracy and integrity of this document Chandigarh CRM-M-31566-2026(O&M) and CRM-M-29422-2026 4 NDPS Act. The presence of paracetamol and caffeine indicates that the contraband has allegedly been mixed with cutting agents prior to its intended distribution. Consequently, both petitions for regular bail are dismissed. 8. However, the petitioners shall be at liberty to move a fresh application for bail in case the trial does not make substantial progress. 27.08.2026 (H.S.GREWAL) renu JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No RENU RAWAT 2026.08.31 16.53 I attest to the accuracy and integrity of this document Chandigarh