IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.230 Decided On : September 17, 2025 Joginder @ Kala .... Petitioner vs.

State of Haryana .... Respondent CORAM : HON’BLE MRS. JUSTICE SUKHVINDER KAUR.

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Present : Mr. Sandeep Kotla, Advocate for the petitioner.

Mr. P. K. Garg, DAG, Haryana.

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SUKHVINDER KAUR , J . :

Prayer in the present petition, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is for grant of regular bail to the petitioner, in case FIR No.193 dated 29.03.2025, under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as – NDPS Act), registered at Police Station Samalkha, District Panipat.

The prosecution story, in brief, is that on the basis of secret information, on 29.03.2025, Sub Inspector Subhash Chandra apprehended the petitioner namely Joginder @ Kala, who came towards Bus Stand Samalkha along with narcotic substance for selling the same to innocent persons. During his search, 500 grams of charas was found from his possession but he failed to produce any permit or license for the same.

Accordingly, FIR in question was registered against him.

Learned counsel for petitioner contended that the petitioner has been falsely involved in the present case. The case prsented by the prosecution is a stereo-type story, which is narrated in each and every case. The mandatory provisions under the NDPS Act had not been followed. There is total violation of Sections 42, 50 and 55 of the NDPS Act. Otherwise also, if the allegations are taken to be true, the alleged recovery falls under the ‘intermediate quantity’. Learned counsel further submitted that the investigation in this case is complete and Challan had already been presented before the concerned Court. He has further urged that trial of the case is likely to take time. The petitioner is in custody since 29.03.2025.

Therefore, he be granted concession of regular bail.

Per Contra, learned State counsel opposed the bail petition while contending that the allegations against the petitioner are serious as he was found in conscious possession of 500 grams of charas and supplying of such like narcotics are leading to spoiling lives of youth. So, the petitioner does not deserve the concession of bail. However, learned State counsel fairly conceded that the aforesaid recovery of 500 grams of charas falls under the ‘intermediate quantity’.

I have heard the learned counsel for the parties and have also gone through the case file.

As per the allegations, the petitioner was found in possession of

500 grams of charas, which falls under the ‘intermediate quantity’. As per the Custody Certificate dated 16.09.2025, which has been placed on record today in the Court, the petitioner has already undergone custody of 05 months and 15 days in the present case. Trial of the case is going on, which is likely to take considerable time. So, no useful purpose would be served by further detaining the petitioner behind the bars.

Accordingly, the present petition is allowed and the petitioner is ordered to be admitted on regular bail, on furnishing adequate bail bonds and surety bonds, to the satisfaction of concerned learned Trial Judge/Chief Judicial Magistrate/Duty Magistrate.

However, nothing observed herein above shall be construed to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail petition.

Pending application(s), if any, shall stand disposed of along with the present petition.

September 17, 2025 (SUKHVINDER KAUR)

monika JUDGE