226 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.1970 of 2025 Date of Decision: 23.09.2025 Lavkesh Kumar .....Petitioner versus State of Haryana ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ *****

Present :- Mr. Aditya Sanghi, Advocate and Mr. Himanshu Garg, Advocate for the petitioner.

Mr. Tanuj Sharma, AAG, Haryana.

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R AJESH BHARDWAJ , J. (Oral)

1. Present petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.0283, dated 12.08.2024, under Sections 22-C of NDPS Act, 1985, registered at Police Station Adampur, District Hisar.

2. Succinctly the facts of the case are that the police party, while on patrolling on 12.08.2024, received a secret information to the effect that Lavkesh Kumar (petitioner) is involved in selling the intoxicant tablets. It was informed that he was waiting for his customers at Siswal road and in case of raid, he could be apprehended along with the contraband. On receiving the secret information, the raiding party was constituted and reached the place as disclosed in the secret information. They found that one person was standing there and thus, he was apprehended. On asking, he disclosed his name as Lavkesh Kumar (petitioner). He was suspected to be carrying some contraband and thus on giving the offer, his search was conducted. On conducting the search of right pocket of his trouser, a black coloured polythene was recovered. However, on the search of the polythene bag, 15 strips of Lomotil (each tablet weighing 6.32 grams) was recovered, which in total was found to be 900 tablets. He failed to produce any licence regarding the conscious possession of the same and thus, the FIR was registered and he was arrested on the spot. The samples taken were sent to the FSL. On receipt of the FSL, the challan was presented and on framing of charges, the trial commenced. The petitioner approached the Court of learned Additional Sessions Judge, Hisar praying for grant of bail, however, after hearing both the sides and finding no merit in the same, the learned Additional Sessions Judge, Hisar declined the bail application filed by the petitioner vide order dated 20.12.2024. Hence being aggrieved, the petitioner is before this Court praying for the grant of bail by way of filing the present petition.

3. Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely and frivolously implicated in the present case. He has submitted that the case of prosecution is based on the secret information, however there is a blatant violation of mandatory provisions of Section 42 of NDPS Act. He has submitted that the alleged recovery is also effected from the person of the petitioner, i.e. from the pocket of his trouser, however there is a violation of mandatory provisions of Section 50 of NDPS Act as well. He has submitted that the recovery has been effected from the public place, however there is no independent witness has been joined. He has submitted that the petitioner has been shown to be falsely arrested in the present case, hence, the petitioner filed a complaint and regarding the same, the departmental action has already been initiated against the official, namely, ASI Ram Mehar. He has submitted that the petitioner though, was falsely implicated in one more case, however he is on bail in that case. He has submitted that in the facts and circumstances, it is apparent that the petitioner has been falsely roped in the present case. He has submitted that the petitioner is behind bars for last more than 01 year, however there is no progress in the trial till date and thus, the right of speedy trial of the petitioner has been miserably defeated. He has submitted that in the facts and circumstances, the petitioner deserves to be granted regular bail.

4. Per contra, learned State counsel has opposed the submissions made by counsel for the petitioner. He has submitted that the recovery effected from the petitioner is o