IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (385)

CRM-M-10208-2025 (O & M)

Date of Decision:-27.02.2025 Mukesh Kumar @ Dholia @ Jora ......Petitioner.

Vs.

State of Haryana ......Respondent.

CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Vikas Bishnoi, Advocate, for the Petitioner.

Mr. Reepu Dhaman, AAG, Haryana.

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JASJIT SINGH BEDI, J.(ORAL The prayer in the present petition under Section 483 of BNSS of 2023 is for the grant of regular bail in case FIR No.4 dated 04.01.2023 under Section 15(c) of the NDPS Act, 1985 (Sections 27-A and 29 of the NDPS Act added later on) registered at Police Station Bhattu Kalan, District Fatehabad.

2. The brief facts of the case are that Mukesh Kumar @ Dholia @ Jora (petitioner) and Bhupender Singh @ Manda @ Madda (since granted the concession of bail vide order dated 28.01.2025, Annexure P-2) were apprehended with 53 kgs. of poppy husk. They disclosed that they had purchased the contraband from one Anil Kumar.

3. The learned counsel for the petitioner contends that there is a violation of the mandatory provisions of the Act regarding the search and seizure. No independent witness of recovery was joined during the course of the recovery proceedings. Since the recovery of 53 kgs. of poppy husk was marginally above the commercial quantity of 50 kgs., the petitioner was a first-time offender, in custody since 04.01.2023 and none of the 26 prosecution witnesses had been examined so far, he was entitled to the grant of bail, moreso, when a co-accused, namely, Bhupinder Singh @ Madda had been granted the similar concession.

4. The learned counsel for the State, on the other hand, contends that the offences of this kind are on the rise and commercial quantity of contraband has been recovered from the accused because of which Section 37 of the Act would be a bar to the grant of bail. He, however, concedes that the petitioner was a first-time offender, in custody since 04.01.2023 and none of the 26 prosecution witnesses had been examined so far.

5. I have heard the learned counsel for the parties.

6. In the cases of ‘Sukhchain Singh @ Manga Versus State of Punjab, CRM-M-7857-2022 decided on 04.04.2022, Pardeep Singh versus State of Punjab, CRM-M-46244-2022 decided on 19.01.2023, Hari Yadav @ Haiya versus State of Punjab (CRM-M-37645-2021)’ decided on 11.11.2022, ‘Jang Kanwar Versus State of Punjab (CRM-M-53415-2021)’ decided on 19.01.2022, ‘ Shankar Prashad Chanau Versus The State of Punjab, CRM-M-24090-2020, decided on 27.08.2020, Gurpreet Kumar Versus State of Punjab, CRM-M-17021-2021, decided on 31.08.2021, Salim Versus State of Haryana, CRM-M-42436-2020, decided on 24.02.2021, Gagandeep Versus State of Punjab, CRM-M-3055-2021, decided on 27.01.2021, Gurpreet Singh @ Gopi Versus State of Punjab, CRM-M-41039-2019, decided on 26.02.2020, Dalbara Singh Versus State of Punjab, CRM-M-47880-2022 decided on 16.01.2023’, and Vivek Watts versus State of Punjab, CRM-M-13791-2022 decided on 15.02.2023, where the recovery from the accused was marginally above the commercial quantity for the respective contraband in each case, the Court granted bail to the accused therein.

7. In the present case, the alleged recovery from the petitioner is of 53 kgs. grams of poppy husk which is marginally above the commercial quantity of 50 kgs. The petitioner is a first time offender with no other case under the NDPS Act registered against him. In this situation, the provisions of Section 37 of the NDPS Act can be relaxed to an extent and the case of the petitioner can be considered for the grant of bail, moreso, when he is in custody since 04.01.2023 but none of the 26 prosecution witnesses have been examined so far and a co-accused has already been granted the similar relief.

8. Thus, without commenting upon the merits of the case, the present petition is allowed and the petitioner, namely, Mukesh Kumar @ Dholia @ Jora is ordered to be released on bail to the satisfaction of the Trial Court/Duty Magistrate concerned.

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