212 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Balkar Singh @ Kalhairi ….Petitioner versus State of Punjab ….Respondent Date of decision: March 06, 2026 Date of Uploading: March 06, 2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Vedant Setia, Advocate for the petitioner.

Mr. Jaypreet Singh, DAG Punjab.

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SUMEET GOEL, J. (ORAL)

Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner, in case bearing FIR No.141 dated 20.06.2025, registered for the offences punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), at Police Station Lehra, District Sangrur.

2. The gravamen of allegations against the petitioner is that he is an accused of being involved in an FIR pertaining to NDPS Act involving alleged recovery of 11 vials containing Codeine Phosphate and Triprolidine Hydrochloride (100 ml each) from the petitioner.

3. Learned counsel for the petitioner has iterated that the petitioner is in custody since 20.06.2025. Learned counsel has further submitted that mandatory provisions of the NDPS Act have not scrupulously been complied with, and thus, the prosecution case suffers from inherent defects. Learned counsel has iterated that the trial is delayed and the liability thereof cannot be fastened upon the petitioner. Learned counsel has also argued that upon culmination of investigation, challan stands presented, and out of total 12 prosecution witnesses, none has been examined till date. Learned counsel has iterated that nothing is to be recovered from the petitioner. Learned counsel has further iterated that the petitioner has suffered incarceration for more than 08 months. Thus, regular bail is prayed for.

4. Per contra, learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, thus, the petitioner does not deserve the concession of the regular bail. Learned State counsel has further submitted that petition in hand does not meet the rigors of Section 37 of the NDPS Act and is, thus, liable to be rejected on this score alone. In case, the petitioner is released on bail, there is all likelihood that he may abscond from the process of justice and also interfere with the prosecution witnesses/ evidence. Learned State counsel has asserted that the petitioner is involved in other FIR(s) and, thus, has no clean antecedents. Learned State counsel seeks to place on record custody certificate dated05.03.2026, in the Court today, which is taken on record.

5. I have heard counsel for the rival parties and perused the paper-

book as also the record produced before me.

6. Before delving further into the merits of the case, it would be apposite to refer herein to the following case-law germane to the matter(s) in issue:

i) The Hon’ble Supreme Court in the case of Union of India versus Namdeo Ashruba Nakade, Special Leave to Appeal (Crl.)

No.9792/2025, has held as under:

“8. This Court is of the view that the issue of substance abuse has emerged as a global public health crisis in the twenty-first century, affecting every country worldwide, as drug trafficking and addiction have become pervasive. The United Nations Office on Drugs and Crime (UNODC) reported in its 2025 World Drug Report that “As at 2023, some 316 million people worldwide had used drugs in the past year, representing an increase over the past decade that outpaces population growth, which indicates a higher prevalence of drug use.”

9. In India, there has been a concerning increase in drug abuse among the youth. Substance abuse not only affects individuals, families, and communities but also undermines various aspects of health including physical, social, political, cultural foundations, and mental well-being. (See: “Bhattacharya S, Menon GS, Garg S, Grover A, Saleem SM, Kushwaha P. The lingering menace of drug abuse among the