247 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:08.05.2025 Navjot Bali …Petitioner vs.

Narcotic Control Bureau, Chandigarh …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Rajesh K. Dadwal, Advocate for the petitioner.

Mr. Utsav Beins, Special Public Prosecutor with Mr. Mandeep Sindhu, Advocate for the respondent.

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N.S.Shekhawat J. (Oral)

1. The petitioner has filed the present petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail to him in Crime Case No.83 dated 26.12.2022 registered under Sections 8, 18, 20, 21, 27-A, 29, 62 of NDPS Act, at Police Station N.C.B. Chandigarh/Division No.7, Jalandhar.

2. As per case of the prosecution, the petitioner was apprehended from the spot alongwith his mother, when he was found to be in possession of 500 grams of Heroin, 13 grams of Opium, 10 grams of charas, Rs.27,900/- as drug money and one licensed pistol .32 bore with five bullets with magazine.

3. Learned counsel for the petitioner submits that the petitioner was arrested in the present case on 26.12.2022 and has undergone about 02 years and 04 months of custody. He further submits that the petitioner has been falsely involved in the present case and he has no concern with the alleged recovery. Learned counsel for the petitioner has relied upon the law laid down by the Hon'ble Supreme Court in the matter of SLP No. 6690 of 2022, titled as “Dheeraj Kumar Shukla Vs. State of Uttar Pradesh”, in which the Hon'ble Supreme Court held as follows:-

“2. The allegations are that on a secret information, the police au- thorities intercepted two vehicles on 23.06.2020 i.e. one 'Gray' coloured 'Honda City' car and the second 'White' coloured ' Swift Dzire' car. On an interrogation at the spot, Praveen Maurya @ Puneet Maurya, Rishab Kumar Maurya and Dheeraj Kumar Shukla were found to be occupants of the 'Honda City' car whereas the petitioner was driving the 'Swift Dzire' car. On taking a search, more than 92 kgs. Ganja was allegedly recovered from 'Honda City' car where as more than 65 kgs. Ganja was recovered from 'Swift Dzire' Car. The accused were arrested at the spot. The petitioner is, thus, in custody since 24.06.2020.

3. It appears that some of the occupants of the 'Honda City' Car including Praveen Maurya @ Puneet Maurya have since been released on regular bail. It is true that the quantity recovered from the petitioner is commercial in nature and the provisions of Section 37 of the Act may ordinarily be attracted. However, in the absence of criminal antecedents and the fact that the petitioner is in custody for the last two and a half years, we are satisfied that the conditions of Section 37 of the Act can be dispensed with at this stage, more so when the trial is yet to commence though the charges have been framed.

4. For the reasons stated above but without expressing any views on the merits of the case, the petitioner is directed to be released on bail subject to his furnishing bail bonds to the satisfaction of the trial Court.”

4. On the other hand,learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that the quantity of contraband recovered from the petitioner is commercial in nature and the rigors of Section 37 of NDPS Act would apply to the facts of the present case. However, learned State counsel admits that there is no other criminal case under NDPS Act against the present petitioner.

5. I have heard learned counsel for the parties and perused the record. 6. In the present case, the petitioner was arrested on 26.12.2022 and is in custody for the last about 02 years and 04 months. There is no other criminal case against him.

7. Consequently, keeping in view the above stated facts and the law laid down by the Hon'ble Supreme Court in the matter of Dheeraj Kumar Shukla's case (Supra) , the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety b