CRM-M-34584-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 225 CRM-M-34584-2026 (O&M) Date of decision:03.09.2026 Balkar Singh ... Petitioner Vs. State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Raghav Soni, Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab. ... Manisha Batra, J. (Oral). 1. The instant petition has been preferred by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of regular bail in case arising out of FIR No.54, dated 13.03.2026, registered under Sections 21(b), 27-A and 29 of the NDPS Act, at Police Station Chheharta, District Amritsar. 2. As per the allegations, on 03.12.2025, the petitioner was apprehended on the basis of suspicion by a police party and recovery of 78 grams of heroin along with drug money to the tune of Rs.2000/- was effected from his conscious possession. The recovered contraband was taken into possession by the police. The petitioner was formally arrested. He suffered disclosure statement to the effect that he used to purchase heroin HARJEET KAUR 2026.09.03 18:22 I attest to the accuracy and integrity of this document CRM-M-34584-2026 (O&M) -2- from accused Deepak @ Deepu. Accused Deepak @ Deepu was also arrested on 08.04.2026. The 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 since 16.03.2026. The trial is not likely to be concluded in near future since challan has not been filed so far. No useful purpose would be served by detaining him in custody anymore. The FSL report is still awaited. It is, therefore, urged that the petition deserves to be allowed. 4. Per contra, learned State counsel, while relying upon the status report has vehemently argued that taking into consideration the allegations as levelled against the petitioner and his criminal antecedents being involved in 02 more cases and the seriousness of the offence allegedly committed by him, he does not deserve to be extended the benefit of bail. 5. This Court has heard the rival submissions made by learned counsel for the parties. 6. The petitioner is alleged to have been found in conscious possession of intermediate quantity of contraband. Though, he is shown to be involved in two other cases, however, he cannot be denied concession of bail only due to that reason. Rigors of Section 37 of the NDPS Act are not attracted in this case. Obviously, the trial will take considerable time to conclude since challan has not been filed so far. His continued detention would not serve any fruitful purpose. It is well settled proposition of law that pre-trial incarceration should not be a replica of post conviction sentencing. In view of the above discussion, this Court is of the considered opinion that HARJEET KAUR 2026.09.03 18:22 I attest to the accuracy and integrity of this document CRM-M-34584-2026 (O&M) -3- a case is made out for grant of bail to the petitioner. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing personal as well as surety bonds to the extent of two sureties in the like amount each, to the satisfaction of the learned trial Court/Duty Magistrate concerned, and subject to the following conditions: (i) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case. (ii) He shall appear before the learned trial Court on each and every date of hearing except when his presence has been exempted by the trial Court. (iii) He shall surrender his passport, if any, furnish details of his cell phone and Aadhar card, and shall not change his mobile number(s) during the pendency of the trial. 7. Breach of any of the above conditions shall be a ground for cancellation of bail granted to the petitioner. 8. It is clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in any manner. 9. Since the main petition has been allowed, pending application, if any, is rendered infructuous. (MANISHA BATRA) 03.09.2026 JUDGE harjeet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HARJEET KAUR 2026.09.03 18:22 I attest to the accuracy and integrity of this document