IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on : 21.02.2025 Pronounced on : 25.02.2025 Satish @ Mintu ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Ram Singh Chaudhary, Advocate for the petitioner.

Mr. Rajiv Sidhu, DAG, Haryana.

MANISHA BATRA, J.

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 bearing FIR No. 168 dated 16.04.2024, registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) read with Section 120-B of IPC at Police Station Chandhut, District Palwal, Haryana.

2. Brief facts of the case relevant for the disposal of the present petition are that on 16.04.2024, a police party headed by ASI Rakesh was on patrolling duty and it received a secret information to the effect that a car make Swift Dzire, bearing registration number UP-16-FT-4245, was enroute from Noida to Palwal carrying Ganja. Believing the information to be reliable, a barrier was laid at the informed place and on spotting the said car, it was stopped. On interrogation, the driver of the car disclosed his name as ‘Pawan’, whereas the passenger disclosed his name as ‘Satish @ Mintu’, who is the present petitioner. Thereafter, while following the usual formalities as prescribed under the NDPS Act, the search of the said car was conducted and recovery of 148 kgs. 460 grams of Ganja was effected, which was kept in six plastic sacks. Both of them were formally arrested at the spot. During the course of investigation, the petitioner suffered disclosure statement disclosing that one Doulat @ Doulat Ram had asksed him to keep the contraband at the house of co-accused Pawan. On the basis of the same, Doulat @ Doulat Ram was nominated in this case and was arrested on 17.04.2024. Some other persons were also nominated in this case on the basis of the disclosure statements suffered by the co-accused and were arrested. After completion of necessary investigation and usual formalities, challan was presented in the Court and presently, the petitioner along with the co-accused is facing trial for commission of aforesaid mentioned offences. He had moved an application before the trial Court for grant of regular bail but the same had been dismissed, vide order dated 08.11.2024.

3. Learned counsel for the petitioner has argued that he has been falsely implicated in this case. There is nothing on record to connect the petitioner with the subject crime. Mandatory provisions of Sections 42, 50 and 52 of the NDPS Act were not complied with properly. No independent witness was joined. The alleged recovery has been planted upon the petitioner and co-accused. It is further argued that the investigation has since been completed and challan has been presented. The petitioner is in custody since 16.04.2024. Conclusion of trial is likely to take time. No useful purpose would be served by keeping the petitioner in custody anymore.

Even otherwise, co-accused Doulat @ Doulat Ram has already been granted concession of regular bail by this Court, vide order 20.12.2024 passed in CRM-M-56427-2024. On the grounds of parity, the petitioner too deserves the same benefit. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be granted benefit of regular bail.

4. Status report has been filed by the respondent-State. It is submitted therein and learned Deputy Advocate General, Haryana has vehemently argued that the petitioner is not entitled to get benefit of bail as he was apprehended at the spot along with above named co-accused and recovery of huge quantity of the contraband i.e 148 kgs. 460 grams of Ganja was effected from him and co-accused. There are serious allegations against him. It is further argued that since the quantity of the contraband recovered in this case falls under the comme