IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 06.02.2026 PREET ... Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. S. K. Choudhary, Advocate for the petitioner (through video conference)

Ms. Sakshi Bakshi, AAG, Punjab **** (cid:1)

MANISHA BATRA, J. (ORAL)

1. The instant petition has been filed 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.47 dated 06.05.2025 registered under Sections 21, 29 and 27(A) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS”) and Section 61 of Excise Act read with Section 111 of Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) at Police Station Sadar, District Pathankot.

2. As per the allegations, on 06.05.2025, the petitioner was apprehended and found in conscious possession of 25 grams of heroin, 20 bottles of illicit liquor and drug money of Rs.2000/-. He was formally arrested.

On the basis of his disclosure statement, Rajni @ Kamna and Gurmeet were nominated as additional accused. Investigation now stands concluded.

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 06.05.2025. His further incarceration would not serve any useful purpose since no recovery of commercial quantity has been effected from him. The rigors of Section 37 of NDPS Act are not attracted to him. His involvement in other cases cannot be considered to be a reason for denying benefit of bail to him. It is, thus, argued that the petition deserve to be allowed.

4. Status report and custody certificate have been filed. Learned State counsel has argued on the other hand that taking into consideration the gravity of the allegations as leveled against the petitioner, he does not deserve to be extended the benefit of bail.

5. This Court has heard the rival submissions made by the parties at considerable length.

6. The petitioner is behind the bars since 06.05.2025. He is not required for further investigation, since challan stands presented. None out of 10 prosecution witnesses has been examined so far. Given the nature of the allegations, the quantity of the contraband allegedly recovered from him, period spent by him in custody and the attendant facts and circumstances but without meaning to make any comments on the merits of the case lest the same prejudice the trial in any manner, the petition is allowed and the petitioner is ordered to be released on bail, subject to his furnishing personal and surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

7. In the event of there being any FIR/complaint lodged against the petitioner, it shall be open to the respondent to seek redressal by filing an application seeking cancellation of bail.

8. Since the main petition has been allowed, pending application, if any, is rendered infructuous.(cid:1)

(MANISHA BATRA)

JUDGE

06.02.2026 Whether speaking/reasoned:- Yes/No Amit Sharma (cid:2)(cid:3)(cid:4)(cid:5)(cid:3)(cid:4)(cid:6)(cid:1)(cid:6)(cid:4)(cid:7)(cid:8)(cid:6)(cid:5)(cid:9)(cid:10)(cid:11)(cid:4)(cid:12)(cid:13)(cid:1)(cid:14)(cid:4)(cid:15)(cid:16)(cid:17)(cid:8)(cid:1)