IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

113 CRM-M-67206-2025 (O & M)

Date of Decision:-02.04.2026 Ramphal ......Petitioner Vs.

State of Haryana ......Respondent.

CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Himanshu Garg, Advocate, for the petitioner.

Mr. Viney Phogat, DAG, Haryana.

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JASJIT SINGH BEDI, J.(ORAL The prayer in this petition under Section 483 of BNSS, 2023 is for the grant of regular bail in case FIR No.148 dated 30.03.2022 under Section 20(b)(ii)(c) of NDPS Act 61 of 1985 registered at Police Station Rai, District Sonipat, Haryana (challan was presented under Sections 20(b)(ii)(c)

and Section 27(a) of NDPs Act).

2. The brief facts of the case are that on secret information, barricading was done. On the basis of a description given by the informer, the vehicle (Canter bearing No.HR-38U-3815) was signalled to stop. The driver of the vehicle disclosed his named Bal Kishan alias Bala and the person sitting on the conductor seat disclosed his name Ramphal (petitioner). On search of the vehicle, 18 plastic bags containing 535 kilos of ganja were recovered. Both the accused were arrested.

4. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. The mandatory provisions of Sections 42 and 50 of the NDPS Act had not been complied with in their proper perspective. No independent witness was joined at the time of search and seizure. As he is a first-time offender, in custody since 30.03.2022 but only 13 out of the 21 prosecution witnesses have been examined so far, the trial of the present case is not likely to be concluded anytime soon and therefore, he is entitled to the concession of bail in view of the judgment of the Hon’ble Supreme Court in the case of Nitish Adhikary @ Bapan Versus The State of West Bengal, SLP (Crl.) Nos.5769/2022 arising out of judgment and order dated 04.05.2022 in CRM(NDPS) No.442/2022, decided on 01.08.2022 and Hasanujjaman & others Versus The State of West Bengal, SLP (Crl.) No.(s).3221/2023 arising out of impugned final judgment and order dated 29.11.2022 in CRM(NDPS)

No.1323/2022, decided on 04.05.2023.

5. On the other hand, the learned State counsel while referring to the reply dated 08.01.2026 which is already on record, contends that commercial quantity of contraband has been recovered from the petitioner. Therefore, in view of the bar contained under Section 37 of the NDPS Act, the petitioner is not entitled to the grant of bail. He, however, concedes that the petitioner is a first time offender, in custody since 30.03.2022 and that only 13 out of the 21 prosecution witnesses have been examined so far.

6. I have heard the learned counsel for the parties.

7. The Hon'ble Supreme Court in the case of Nitish Adhikary @ Bapan Vs. The State of West Bengal SLP (Crl.) Nos.5769/2022 Decided on

01.08.2022 held as under:-

“As per the office report dated 29.07.2022, copy of the show cause notice along with Special Leave Petition was supplied to the Standing Counsel for the State of West Bengal and separate notice has been served on the State also. However, no one has entered appearance on their behalf.

The petitioner seeks enlargement on bail in F.I.R.

No. 612 of 2020 dated 17.10.2020 filed under Section 21(c) and 37 of the NDPS 2 Act, registered at Police Station Bongaon, West Bengal.

During the course of the hearing, we are informed that the petitioner has undergone custody for a period of 01 year and 07 months as on 09.06.2022. The trial is at a preliminary stage, as only one witness has been examined.

The petitioner does not have any criminal antecedents Taking into consideration the period of sentence undergone by the petitioner and all the attending circumstances but without expressing any views in the merits of the case, we are inclined to grant bail to the petitioner.

The petitioner is accordingly, directed to be released on bail subject to him furnishing bail bonds to the satisfaction of the Trial Court.

The Special Leav