IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 10^th April, 2026 Amit @ Amit Kumar ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Rahul Yadav, Advocate and Mr. Pardeep Chhoker, Advocate for the petitioner.

Mr. Vikram Singh, AAG, Haryana.

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MANISHA BATRA, J (ORAL):-

The instant one is the second petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of regular bail in case arising out of FIR No. 449 dated 24.07.2024, registered under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Samalkha, District Panipat. His previous petition bearing CRM-M- No.

34141-2025 had been dismissed as withdrawn vide order dated 19.11.2025.

2. Brief facts of the case relevant for the disposal of the present petition are that on 24.07.2024, on the basis of a secret information, the petitioner along with co-accused Pardeep Singh, Manish @ Kala, Vishal and Dharampal, while coming in a car bearing registration number HR-06-BA- 3386, was apprehended by a police party headed by ASI Randeep Singh. On conducting their personal search, no incriminating material was recovered. However, on search of the said car, two plastic bags containing total 34 kgs. of Ganja were recovered. It was revealed that the petitioner and co-accused had hired the car of Dharampal and the latter was not aware about their possession. He was accordingly exonerated. Since the petitioner and co- accused could not produce any valid license or permit to keep in their possession the recovered contraband, they were formally arrested at the spot. Some other persons were also nominated in this case as accused. After completion of necessary investigation and usual formalities, challan was presented in the Court and presently, the petitioner along with the co-accused is facing trial for commission of aforementioned offences.

3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. A false recovery was planted upon him and co- accused. He is in custody since 24.07.2024. Investigation has since been completed and challan has been filed. Conclusion of trial is likely to take time as no prosecution witness has been examined so far out of total 23 witnesses. His prolonged detention entitles him to seek bail. No useful purpose would be served by keeping him in custody anymore. Co-accused Anil Yadav, Pardeep Singh, Manish @ Kala and Sunil Kumar have already been granted concession of regular bail by this Court. On parity, he too deserves to be given the same benefit. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be granted benefit of regular bail.

4. Notice of motion.

5. Learned State counsel has advance notice of the petition. He has placed on record custody certificate and has argued that keeping in view the gravity of the allegations levelled against the petitioner, his criminal antecedents as well as the fact that commercial quantity of contraband was recovered from him, he is not entitled to get benefit of bail as rigors of Section 37 of the NDPS Act would be attracted against him. Moreso, the instant petition, being a successive petition, is not maintainable. The petitioner may abscond or involve in committing similar offences again, if extended benefit of bail. Hence, it is urged that the petition is liable to be dismissed.

6. This Court has heard the rival submissions.

7. As per the allegations, the petitioner along with abovenamed co- accused was found in conscious possession of commercial quantity of the aforementioned contraband on 24.07.2024. This is the second petition for grant of bail. The previous petition filed by the petitioner, had been dismissed as withdrawn about six months back. The petitioner is in custody for a period for 01 year, 08 months and 17 days. This facto