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CRM-M No.70445 of 2025 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

227

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CRM-M No.70445 of 2025

Date of decision : 29.1.2026

Date of uploading : 29.1.2026

Chandan ………….Petitioner

Versus

State of Haryana …….Respondent

CORAM: HON'BLE MR. JUSTICE SUMEET GOEL

Present: Mr. Som Nath Saini, Advocate, for the petitioner

Ms. Priyanka Sadar, Senior DAG, Haryana

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SUMEET GOEL, J. (ORAL)

1. Present petition has been filed under Section 483 of Bharatiya

Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the petitioner

in case bearing FIR No.169 dated 29.5.2025, registered for the offences

punishable under Sections 20(c) and 29 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police

Station Sadar Narwana, District Jind.

2. The gravamen of the allegations against the petitioner is that he

is an accused of being involved in an FIR pertaining to NDPS Act

involving 21 Kg.700 grams of ganja allegedly recovered from the

petitioner and his co-accused on 29.5.2025 by the police party in the area

of Police Station Sadar, Narwana.

3. Learned counsel for the petitioner submits that the petitioner is

ASHWANI KUMAR

2026.01.29 18:16

I attest to the accuracy and

integrity of this document

CRM-M No.70445 of 2025 -2-

in custody since 29.5.2025. Learned counsel for the petitioner has further

submitted that the mandatory provisions of the NDPS Act have not been

complied with, and thus, the prosecution case suffers from inherent

defects. Learned counsel has iterated that the contraband alleged to have

been recovered from the petitioner 21 Kg.700 grams of ganja, which is

marginally above the threshold limit of non-commercial quantity specified

in the notification issued under the NDPS Act. Learned counsel for the

petitioner has iterated that the trial is delayed and the liability thereof

cannot be fastened upon the petitioner. Learned counsel has further

iterated that the petitioner has suffered incarceration for about 8 months.

Thus, regular bail is prayed for.

4. Learned State counsel has opposed the present petition by

arguing that the allegations raised against the petitioner are serious in

nature and, thus, he does not deserve the concession of the regular bail.

Learned State counsel has further submitted that the instant bail plea is

restricted by the rigors of Section 37 of the NDPS Act, and thus, the same

ought to be dismissed. Learned State counsel seeks to place on record

custody certificate dated 27.1.2026 in Court, which is taken on record.

5. I have heard counsel for the rival parties and have gone through

the available records of the case.

6. The petitioner was arrested on 29.5.2025 whereinafter,

investigation was carried out and the challan was presented on

21.10.2025. Total 30 prosecution witnesses have been cited, but none has

been examined till date. It is not in dispute that the contraband allegedly

ASHWANI KUMAR

2026.01.29 18:16

I attest to the accuracy and

integrity of this document

CRM-M No.70445 of 2025 -3-

recovered from the petitioner is 21 Kg. 700 grams of ganja, which is

marginally above the threshold limit of non-commercial quantity.

Reliance in this regard can be placed upon the orders passed by this Court

in Rajdev Giri versus State of Punjab, CRM-M-44898-2019, decided on

18.09.2020; Rahish versus State of Haryana, CRM-M-36498-2020,

decided on 11.11.2020; Karambir versus State of Haryana, CRM-M-

31820-2019, decided on 28.08.2019: Jagjit Singh @ Jagga Gill versus

State of Punjab, CRM-M-41242-2019, decided on 27.02.2020 and Baljit

Kaur @ Baljito versus State of Punjab, CRM-M-12849-2020, decided on

04.06.2020, wherein accused were enlarged on bail in cases where the

alleged recovery was slightly more than the quantity prescribed for non-

commercial category under the NDPS Act. The rival contentions raised at

Bar give rise to debatable issues shall be ratiocinated upon during the

course of trial. This Court does not deem it appropriate to delve deep into

these rival contentions, at this stage, lest it may prejudi