Aniket Jan Alias Aniketh Jain v. State Of Haryana Through Drugs Control Officer, Ambala

CRM-M-46844-2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-46844-2025 Date of decision: 27.08.2025 ANIKET JAIN @ ANIKETH JAIN ...PETITIONER

VERSUS

STATE OF HARYANA ...RESPONDENT CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Keshav Pratap Singh, Advocate for the petitioner. Ms. Shaveta Sanghi, DAG, Haryana.

**** ANOOP CHITKARA, J. (ORAL) Complaint No. Dated Name of Court Sections 14.03.2022 Pending in the Court of Chief Judicial Magistrate, Ambala 18(c)/18A/22(1)(cca)/17-B/22(3)/ 16 read with Sections 18(a)(vi) punishable under Sections 27(b) (ii)/28/27(d)/27(c)/27(d) of Drugs and Cosmetic Act, 1940 1.

Seeking quashing of order dated 16.05.2025, whereby trial Court cancelled the bail of petitioner for non-appearance on date of hearing, petitioner has come up before this Court under Section 528 of BNSS, 2023.

2.

Counsel for the petitioner submits that the petitioner was earlier on anticipatory bail, however, due to non-appearance, his bail was canceled vide order dated 16.05.2025 passed by CJM, Ambala. He further submits that absence was unintentional and he undertakes to appear within week before the trial Court, if he permitted to do so. 3.

Counsel appearing for the State has strenuously opposed this petition. 4.

The primary object of the service is to secure the accused's presence in trial. The petitioner approached this court independently, establishing the bonafide at this stage. It is not a case where he was arrested. He approached this Court within short span. Without commenting on the case's merits, and in the facts and circumstances peculiar to this case, limited relief can be granted to the petitioner without taking note of the maintainability of the present petition and leaving the question open. Thus, it would be appropriate to grant the following limited relief to the petitioner, subject to the compliance of the conditions mentioned in this order. 5.

The State's counsel submitted that if this Court is granting any concession to the petitioner, it must be subject to some reprimand. The petitioner's counsel declared that if this court imposes reasonable and affordable costs, the petitioner shall deposit the same. Renu Bala 2025.08.29 16:50 I attest to the accuracy and integrity of this document

CRM-M-46844-2025 -26.

The petitioner has proved his case by a preponderance of probabilities and has prima facie established that his non-appearance was beyond his control. The petitioner on his own came before this Court, undertaking to attend the trial and deposit Rs.20,000/- in the Poor Patient Welfare Fund, PGIMER, Chandigarh.

7.

Given above, the order dated 16.05.2025 (Annexure P-6) is set aside, subject to the conditions that petitioner shall appear before the trial Court on or before 05.09.2025 at 11.00 AM and also deposit Rs.20,000/- in the account of Poor Patient Welfare Fund, PGIMER, Chandigarh and handover the receipt in the trial Court while appearing. It is further clarified that petitioner shall attend each and every date of hearing before the trial Court, and in case of any exigencies, he shall take exemption from the trial Court. Consequent upon the appearance of petitioner before trial Court, his bonds shall stand restored. 8.

If the petitioner fails to appear before the concerned court within the time limit mentioned in this order, then this order shall stand recalled automatically under section 403 read with 528 of BNSS, 2023, without any further reference to this court on 05.09.2025 at 11 AM. 9.

Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 10.

A certified copy of this order would not be needed, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the concerned court/ officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

11.

Petition is allowed to the extent mentioned above. All pending applications, if any, stand disposed of.

27.08.2025 (ANOOP CHITKARA) renubala JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Renu Bala 2025.08.29 16:50 I attest to the accuracy and integrity of this document