Deepak v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision: 29.05.2026 Deepak

...Petitioner(s)

VERSUS

State of Haryana

...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Harlove Singh Rajput, Advocate for the petitioner(s). Mr. Onkar Singh Wahla, Sr. DAG Haryana.

***** VINOD S. BHARDWAJ, J. (Oral) 1.

This 3rd petition has been filed for grant of regular bail to the petitioner(s) in case bearing FIR No.556 dated 21.06.2018, registered under Section(s) 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sarali Khawaja, District Faridabad. 2.

Briefly stated, the present FIR was registered on the statement of ASI Anoop Singh, who alleged that while he was present on patrolling duty along with other police officials, they noticed a young man riding a motorcycle coming from the side of Agra Canal Road towards Delhi. It is the case of the prosecution that upon noticing the police party ahead, the said person immediately attempted to turn back, thereby arousing suspicion. The police officials further noticed that he was carrying a black-coloured plastic bag placed on the fuel tank of his motorcycle. Consequently, acting upon suspicion, the police party intercepted and apprehended him after a short

chase. Upon being questioned, the said person disclosed his identity as Deepak Kumar son of Laxman Ravidas, resident of Village Kaththa, Police Station Paraiya, District Gaya, Bihar and presently residing as a tenant at LNJP Hospital area, Delhi Gate, Delhi. The motorcycle being driven by him was found to be a black and purple coloured Hero Super Splendor bearing registration No. DL-1SX-7902. The prosecution further alleges that the black-coloured plastic bag lying on the fuel tank of the motorcycle was checked on account of suspicion and was found to contain ganja. Deepak Kumar was asked to produce any licence, permit or authorization for possession of the said substance, but he failed to furnish any such document. The total weight of the contraband, including the plastic bag, was found to be 1 kilogram and 174 grams. On the basis of the aforesaid allegations the present FIR was registered.

3.

Learned counsel appearing on behalf of the petitioner contends that the petitioner has been falsely implicated in the present case and the quantity recovered in the present case is non-commercial. He also contends that the petitioner has been in custody since 27.08.2025 and has undergone an actual custody of 09 months. He submits that the petitioner has no criminal antecedents and is not involved in any other case. 4.

Learned counsel for respondent-State does not dispute the custody period of the petitioner.

5.

Having heard the learned counsel for the parties and taking into consideration the facts and circumstances as noted above, including the period of actual custody undergone by the petitioner, his clean antecedents and the recovered quantity being non-commercial, I deem it fit to allow the

instant petition.

6.

Accordingly, the instant petition is allowed and the petitioner is ordered to be admitted to regular bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate concerned.

7.

It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

8.

The observation made hereinabove shall not be construed as an expression on the merits of the case and the trial Court shall decide the case on the basis of available material.

(VINOD S. BHARDWAJ) 29.05.2026 JUDGE Mangal Singh Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No