IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-41659-2025 (O&M).

Date of decision: 08.04.2026.

MANGAL SINGH ...Petitioner(s)

VERSUS STATE OF HARYANA ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ PRESENT Mr. Parminder Singh Sekhon, Sr. Advocate, with Mr. L.S. Sekhon, Advocate, and Ms. Nitika Sharma Sekhon, Advocate, for the petitioner(s).

Ms. Chhavi Sharma, AAG, Haryana assisted by ASI Raj Kumar, P.S. Sadar, Tohana. VINOD S. BHARDWAJ, J. (Oral)

This is the first petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the petitioner in case bearing FIR No.373 dated 23.11.2024, under Section(s) 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 109(1) of the Bharatiya Nyaya Sanhita, 2023, registered at Police Station Sadar Tohana, District Fatehabad.

Learned Senior counsel appearing on behalf of the petitioner(s)

contends that, as per the prosecution case, a police party was on patrolling duty. While passing through Jamalpur Shekhan and upon reaching near Bus Stand of village Aankawali Bus Stand, observed a white colour Ertiga car bearing registration No.HR-27-H-9695 parked on the roadside in front of a liquor shop. It is alleged that a young man stepped out of the said vehicle and moved towards the rear side of the car and upon finding his behaviour to be suspicious, the police party attempted to apprehend him upon which he started shouting that ‘the police are catching me’ and hit the police party from behind with the car. He thereafter reversed the car and rammed the same into the officer standing behind him before the vehicle was eventually stopped by the police party. On search of the vehicle 272 grams of contraband alleged to be heroin was recovered from the dashboard and on the basis thereof the FIR in the present case came to be registered for recovery of 272 grams of heroin. It is submitted that when the seized sample was sent to the FSL for examination, the report received stated that the recovered contraband was a mixture of Tramadol and Dextromethorphan. He contends that under said circumstances, the petitioner was granted interim bail vide order dated

28.01.2026. The said order reads thus: -

“1. Present petition has been filed u/s 483 of BNSS, 2023, for grant of bail to the petitioner during the pendency of trial in case FIR No.373, dated 23.11.2024, registered u/s 21(c) of NDPS Act, 1985 and 109(1) of BNS, 2023, lodged at P.S. Sadar Tohana, District Fatehabad.

2. On the very outset, learned State counsel has filed the photocopy of the FSL report dated 20.12.2024 in Court today. Same are taken on record. Office to tag the same at appropriate places in the case file.

3. As per case of the prosecution, police team while patrolling noticed that one Ertiga car bearing registration No. HR27-H-9695, was lying parked in suspicious condition alongside the road in front of liquor shop, was intercepted. On noticing of the police party, accused – Gurdas Singh, who was standing outside, loudly alarmed to Mangal Singh (petitioner herein) sitting on driving seat. Immediately, petitioner reverse the car. Intentionally rammed in the police officers standing behind the car. However, on being apprehended, from the dash board of the car, 272 grams of heroin was recovered.

4. Without arguing much on the factual aspects of the case, learned Senior counsel for the petitioner points out that as per the FSL report dated 20th December 2024, parcel sent to FSL is not reported to be heroin, rather as per the result of examination, it has been mentioned that “Tramadol and Dextromethorphan were detected in the sample.”

5. In such a situation, Hon’ble Apex Court in SLP (Crl.) No.

13987/2025, in its order dated 05.01.2026 has noticed as under:-

Leave granted.

The appellant, Sentu Seikh, is before this Court aggrieved by the judgment and final order dated 26-06-2025 passed by the High Court at Calcutta, denying him regular bail in connection with NDPS Cas