CRM-M-21732- IN THE H (111) GURWINDER S STATE OF PUNJ CORAM: HON Present: Mr. Ms. R *** MANISHA BATR 1. The Section 483 of Bh for grant of regul registered under S Substances Act (f Amritsar Rural. 2. As pe Sarwan Sing @ Sa police officials on pant and had thro recovered from c -2026 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH ER SINGH @ MOTTA Versus PUNJAB HON'BLE MRS. JUSTICE MANIS Dilpreet Singh Gandhi, Advocate Ms. Ruchika Sabherwal, Senior DAG *** BATRA, J. (ORAL) The instant petition has been prefe of Bharatiya Nagarik Suraksha Sanh regular bail in case arising out of nder Sections 21, 27(a) and 29 of Nar Act (for short “NDPS Act”) at Polic As per the allegations, on 11.01.2026 @ Samma were apprehended by a po als one of them took out a polythene b d thrown it. On conducting search, rom conscious possession of accuse JAB AND HARYANA AT ARH CRM-M-21732-2026 (O&M) Date of decision : 28.04.2026 ... Petitioner ...Respondent ANISHA BATRA vocate for the petitioner r DAG, Punjab preferred by the petitioner under a Sanhita, 2023 (for short “BNSS”) ut of FIR No.07 dated 11.01.2026 of Narcotic Drugs and Psychotropic t Police Station Chatiwant, District .2026, the petitioner and co-accused y a police party, when on seeing the hene bag from his right pocket of his , cash amount of Rs.4400/- was accused Sarwan Singh @ Samma 2026 oner dent nder SS”) 2026 ropic strict used g the f his was mma AMIT SHARMA 2026.04.28 18:43 I attest to the accuracy and integrity of this order/judgment. CRM-M-21732- whereas from the of heroin was eff petitioner and co concluded. 3. It is a falsely implicated custody since 11.0 will take considera detaining him in c are not attracted q been extended be same benefit. Wi released on bail. 4. Notic 5. Learn ready to argue the the gravity of the to be released on b 6. This C for the parties at co 7. The possession of inte -2026 (O&M) 2 m the polythene bag thrown by the pe as effected. Recovered contraband nd co-accused were formally arreste It is argued by learned counsel for t icated in this case. A false recovery w ce 11.01.2026. He is not required fo nsiderable time to conclude. No usefu m in custody anymore. The rigors of cted qua him. The co-accused Sarwan ed benefit of bail. On parity, he too it. With these broad submissions, it i Notice of motion. Learned State counsel has advance ue the matter. It is submitted by her of the allegations levelled against the p d on bail. This Court has heard the rival submis es at considerable length. The petitioner is alleged to have of intermediate quantity of contraba the petitioner, recovery of 30 grams band was taken into custody. The arrested. Investigation now stands or the petitioner that he has been very was planted upon him. He is in ired for further investigation. Trial o useful purpose would be served by gors of Section 37 of the NDPS Act Sarwan Singh @ Samma has already he too deserves to be extended the ns, it is urged that he deserves to be vance notice of the petition and is by her that taking into consideration st the petitioner, he does not deserve ubmissions made by learned counsel have been found in conscious ntraband heroin. He has been in rams The tands been is in Trial d by Act eady d the to be d is ation serve unsel cious n in AMIT SHARMA 2026.04.28 18:43 I attest to the accuracy and integrity of this order/judgment. CRM-M-21732- custody since 11. The rigors of Sect settled proposition incarceration shou the jail is to secu preventive or puni without meaning t prejudice the trial ordered to be rele bonds to the Magistrate/Duty M 8. In the petitioner, it shall application seekin 9. Since any, is rendered in 28.04.2026 Amit Sharma -2026 (O&M) 3 ce 11.01.2026. The trial will take c f Section 37 of the NDPS Act are not osition of law that bail is the rule and n should not be replica of post-convict o secure appearance of the accused r punitive. Taking into consideration ning to make any comments on the m e trial in any manner, the petition is be released on bail, subject to his fu the satisfaction of the learned uty Magistrate concerned. In the event of there being any FIR t shall be open to the respondent-State seeking cancellation of bail. Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes Whether reportable:- Yes/No take considerable time to conclude. re not attracted qua him. It is a well le and jail is an exception. Pre-trial onviction sentencing. The object of cused during trial, and it cannot be eration the above discussed facts but the merits of the case lest the same tion is allowed and the petitioner is s furnishing personal and surety arned trial Court/Chief Judicial y FIR/complaint lodged against the tate to seek redressal by filing an allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No lude. ell trial ct of t be s but same er is urety icial t the g an n, if AMIT SHARMA 2026.04.28 18:43 I attest to the accuracy and integrity of this order/judgment.