CRM-M-21130-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 213 CRM-M-21130-2026 Date of Decision: 02.09.2026 BILLU ... PETITIONER VERSUS STATE OF HARYANA ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Sourabh Sheoran, Advocate for the petitioner. H.S. Grewal, J.(Oral) 1. This petition has been filed under Section 483 B.N.S.S ( 439 Cr.P.C.), for grant of regular bail to the petitioner pending trial in case FIR No. 373 Dated 22.11.2025 (Annexure P-1), Under Section 21(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station : Bawani Khera, District: Bhiwani. 2. Brief facts of the case are that on 22.11.2025, while on patrol duty at the Rohnath–Jamalpur canal bridge, the police received secret information that Billu, resident of Village Rohnat, was transporting heroin on a motorcycle. After complying with Section 42 of the NDPS Act and laying a barricade, the accused was intercepted. In the presence of a Gazetted Officer and an independent witness, 9.44 grams of heroin was recovered from the right pocket of his pant. Consequently, FIR under Section 21(b) of the NDPS Act was RENU RAWAT 2026.09.02 16.47 I attest to the accuracy and integrity of this document Chandigarh CRM-M-21130-2026 -2- registered. After investigation, a report under Section 193 BNSS was filed before the Trial Court. 3. Ld. counsel for the petitioner submits that the petitioner has been falsely implicated on the basis of secret information and no independent witness was associated with the alleged recovery. It was argued that the alleged recovery from a transparent polythene bag is inherently improbable and renders the prosecution story doubtful. He further submits that 9.44 grams of heroin is an intermediate quantity and not a commercial quantity; therefore, the rigours of Section 37 NDPS Act are not attracted. It was further contended that mandatory provisions of Sections 52-A, 55 and 57 NDPS Act were not complied with, as samples were not drawn before the Magistrate and the prescribed procedure was violated. 4. Notice of motion. 5. Mr. Vishal Kashyap, Sr. DAG, Haryana accepts notice on behalf of the respondent-State. He has opposed the prayer for grant of regular bail on the ground that allegations against the petitioner are serious in nature. He has filed the custody certificate of the petitioner in Court today, which is taken on record. As per the custody certificate, the petitioner is in custody for the last 09 months and 08 days. 6. I have heard the submissions made by the parties and gone through the record. 7. After hearing the rival contentions and considering the fact that the petitioner is in custody for the last 09 months and 08 days coupled with the fact that the trial is likely to take considerable time, this Court is of the view RENU RAWAT 2026.09.02 16.47 I attest to the accuracy and integrity of this document Chandigarh CRM-M-21130-2026 -3- that no useful purpose would be served by further incarceration of the petitioner. Accordingly, the petitioner is granted the concession of regular bail during the pendency of the trial. 8. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. 9. Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case. 10. It is clarified that if while on bail so granted through the instant order, the petitioner is found indulged in any other criminal case/activity, it shall be open to the State to seek cancellation of his bail. 02.09.2026 (H.S.GREWAL) renu JUDGE Whether speaking/reasoned : Yes/No Whether reportable: Yes/No RENU RAWAT 2026.09.02 16.47 I attest to the accuracy and integrity of this document Chandigarh