232 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Deepak Thapa ….Petitioner versus Union Territory, Chandigarh ….Respondent Date of decision: January 19, 2026 Date of Uploading: January 20, 2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Vivek Kathuria, Advocate for the petitioner.

Ms. Navnit Sharma, Advocate for Ms. Sharmila Sharma, Additional P.P., U.T., Chandigarh.

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SUMEET GOEL, J. (ORAL)

Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner, in case bearing FIR No.20 dated 08.03.2025, registered for the offences punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) (Section 29 of the NDPS Act and Sections 25/ 54/ 59 of the Arms Act, 1959 added later on), at Police Station Sector 49, Chandigarh.

2. The gravamen of the FIR in question is that the petitioner is an accused of being involved in an FIR pertaining to NDPS Act involving alleged recovery of 50 grams of Heroin from co-accused, namely, Narinder Kumar. On the basis of disclosure of said co-accused, the petitioner has been nominated in this case, who further, got recovered an amount of Rs.4.40 lakhs as drug money apart from one country made pistol with one live cartridge. Further, another co- accused, namely, Rajinder @ Goldy was arrested, on the basis of disclosure of the petitioner, from whom one country made pistol along with one magazine was recovered. Another co-accused, namely, Dharminder Singh was arrested, who got recovered 140 grams (Racemorphan) apart from Rs.50,000/- as drug money.

Thereafter, other co-accused were also arrested, in this case.

3. Learned counsel for the petitioner has iterated that the petitioner is in custody since 08.03.2025. Learned counsel has argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has submitted that, at the request of the petitioner, one of his friends, namely, Dhruv Chaudhary had, after pawning his gold ornaments, advanced an amount of Rs.6,00,000/- to the petitioner for the purpose of raising construction of his house as the petitioner was planning get married shortly. Learned counsel has further argued that out of the said amount of Rs.6,00,000/-, the petitioner had kept remaining amount of Rs.4,50,000/- with him at his residence. Learned counsel has contended that the petitioner has been falsely implicated into the FIR in question by allegedly showing recovery of Rs.4,40,000/- as drug money from his possession, whereas, the petitioner has no connection whatsoever with any drug transaction. It has been further submitted that the FIR in question is a sheer abuse of the process of law and is reflective of the arbitrary and unlawful actions on the part of the police authorities, who appear to have planted a false case upon the petitioner. According to learned counsel, the separate recoveries attributed to the petitioner and the co-accused cannot be clubbed together so as to bring the case within the ambit of commercial quantity. Learned counsel has emphasized that the prosecution case rests solely on suspicion and conjectures as no contraband has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that mandatory provisions of the NDPS Act have not been scrupulously complied with, and, thus, the prosecution case suffers from inherent legal infirmities. Learned counsel has also contended that the trial is being unduly delayed and that the responsibility thereof cannot be fastened upon the petitioner. It has further been submitted that the petitioner has suffered incarceration for more than 10 months. On the strength of aforesaid submissions, the grant of regular bail is prayed for.

4. Learned State counsel seeks to place on record custody certificate dated 18/19.01.2026 and status report by way of an affidavit dated 17.01.2026, in the Court today, which a