215 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 12.12.2025 MANISH KUMAR ...PETITIONER V/S STATE OF PUNJAB ...RESPONDENT CORAM: HON’BLE MR. JUSTICE SUBHAS MEHLA Present: Mr. Hitesh Verma, Advocate for the petitioner.

Mr. Anup Singh, AAG, Punjab.

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SUBHAS MEHLA, J. (ORAL)

1. By way of the present petition filed under Section 483 BNSS, 2023 the petitioner is seeking regular bail in case FIR No.209 dated 09.10.2024 registered under Sections 22/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) (later on Section

29 of NDPS Act added) at Police Station Dasuya, District Hoshiarpur.

2. Brief facts of the prosecution are that on 09.10.2024, when ASI Suresh Kumar along with other police officials was coming back to police station from village Uchi Bassi and reached near bus stand constructed after crossing the Usmaan Shaheed Bridge on GT Road, a young person i.e. the petitioner was sitting on the bus stand side. Upon seeing the police party, the petitioner/accused threw one weighted plastic polythene from the right pocket of his pant and tried to run away. On suspicion, accused/petitioner was apprehended and upon checking of thrown polythene, 110 grams of Alprazolam was recovered. Hence, the FIR was registered.

3. Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the present case; no independent witness was joined in the present case despite the fact that recovery has been made from a busy place; co-accused, namely, Gurdeep Singh @ Deepu has already been granted the concession of regular bail by a Co-ordinate Bench of this Court vide order dated 14.01.2025 passed in CRM-M No.219 of 2025 titled as ‘Gurdeep Singh @ Deepu vs. State of Punjab’ and the petitioner is in custody for the last 01 year, 01 month and 03 days. As such, learned counsel prayed for grant of regular bail to the petitioner.

3. Learned State counsel has filed the custody certificate of the petitioner, which is taken on record. Learned State counsel opposed the prayer made by the petitioner on the ground that in the present case, commercial quantity i.e. 110 grams of Alprazolam has been recovered from the petitioner; as per the custody certificate, the petitioner is involved in 10 more cases and trial is progressing as out of 12 witnesses cited by the prosecution, 03 have been examined and 02 have been given up. As such, learned State counsel prays for dismissal of the present petition seeking regular bail to the petitioner.

4. Heard.

5. Keeping in view the facts and circumstances of the present case and the contention of learned State counsel that commercial quantity i.e. 110 grams of Alprazolam has been recovered from the petitioner; as per the custody certificate, the petitioner is involved in 10 more cases and trial is progressing as out of 12 witnesses cited by the prosecution, 03 have been examined and 02 have been given up, this Court finds no merit in the present petition and the same stands dismissed accordingly.

6. Nothing observed hereinabove shall be construed to be expression of an opinion by this Court on merits of the case. The learned Court below is directed to proceed with the matter on its own merits, lest it may prejudice the trial.

(SUBHAS MEHLA)

December 12, 2025 JUDGE manisha