IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

212 CRM-M-5157-2026 (O&M)

Date of decision 23.03.2026 Karan @Commando ..... Petitioner VERSUS State of Punjab ..... Respondent CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH Present : Mr. Rajesh Dhiman, Advocate for Mr. Naresh Gopal Sharma, Advocate for the petitioner.

Mr. I.P.S. Sabharwal, DAG, Punjab.

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SURYA PARTAP SINGH, J.

This petition for bail is the second petition filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It has been filed with regard to a case arising out of FIR No.52 dated 02.03.2025, for the commission of offence punishable under Sections 21(c), 27(a) of , Police Station Islamabad, District Police Commissionerate Amritsar.

2. The FIR of this case came into being at the instance of ‘ASI Balwinder Singh’ who reported that on 02.03.2025 when he was leading a team of police officials, deputed for patrolling duty, near old Gas Godown, a young man was seen who was going on foot from the side of village Wadali. As per abovenamed police officer, the abovesaid boy noted the presence of police party got scared and by taking a U-turn tried to avoid the police party. It is the case of the prosecution that in view of abovementioned suspicious conduct of the abovenamed person, he was apprehended and his name and address were enquired . As per prosecution on search of his body 255 gram of Heroin and currency notes worth Rs.2,200/- were recovered.

3. It is the case of the prosecution that pursuant to recovery of abovementioned contraband, necessary formalities with regard to seizure & sealing of contraband, lodging of FIR, and formal arrest of the accused were completed, and further investigation taken up.

4. Notice of motion

5. Mr. I.P.S. Sabharwal, DAG, Punjab appears on behalf of respondent-State. Hence service of notice upon the State is hereby dispensed with. The learned State Counsel has filed custody certificate as well as reply of the petitioner. The same be taken on record.

6. Heard.

7. The record has been perused carefully.

8. As far as the principles governing the benefit of bail in a case related to NDPS Act, pertaining to recovery of commercial quantity, are concerned, the principles of law laid down by the Hon’ble Supreme Court of India in the case of ‘Mohd. Muslim @ Hussain v. State’ (NCT of Delhi), 2023 SCC OnLine SC 352 are relevant. In the abovementioned case the Hon’ble Supreme Court has held that grant of bail on account of undue delay in trial cannot be said to be fettered under Section-37 of the NDPS Act, given the imperative of Section 436-A which is applicable to offences under the Act.

9. In this regard it is also relevant to mention here that the Hon’ble Supreme Court of India in the case of ‘Manmandal and Another v. State of West Bengal’, Special Leave Petition (Criminal) No.8656 of 2023 decided on 14.09.2023 and ‘Rabi Prakash v. State of Odisha’, 2023 SCC Online SC 1109, extended the benefit of bail to the accused, who had been incarcerated for a period of almost 2-3 years and the trial was likely to take considerable time. The above-mentioned benefit has been given by observing that prolonged incarceration generally militates against the most precious fundamental right guaranteed under Article-21 of the Constitution, and in such a situation, the constitutional principles must override the statutory embargo contained under Section-37 of the NDPS Act.

10. In addition to above, in a recently pronounced verdict in the case of ‘Santosh Pawar Vs. State of Chhattishgarh & Anr.’ Criminal Appeal No.4883/2025, the Hon’ble Supreme Court of India observed that rigors of Section 37 of NDPS Act will not be a bar for considering the case of an accused for bail as it comes with a condition that the prosecution would press for an early completion of trial. In the above-mentioned case the Hon’ble Supreme Court of India held that appellant who was being prosecuted for being in possession of commercial quantity of narcotic substance,