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High Court of Punjab and HaryanaCRM-M/62408/2025allowed

Maniram v. State Of Haryana

2026-03-18Mr. Justice Aman Chaudhary4 pages

 CRM-M-62408-2025 (O&M) 1

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-62408-2025 (O&M) Date of decision: 18.03.2026 Maniram ....Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. I.S. Kooner, Advocate for the petitioner  

 ***** AMAN CHAUDHARY, J. (ORAL) 1.

Prayer in the present petition filed under Section 483 BNSS is for grant of regular bail to the petitioner in case FIR No.0208 dated 11.05.2025, registered under Section 18 of NDPS Act at Police Station Chandimandir, District Panchkula.

2.

Learned counsel contends that the petitioner has been in custody for more than 10 months. As per the allegations, the alleged recovery effected from him is marginally above the non-commercial quantity, it being 2 kg & 613 grams of opium was effected from him and the weight of polythene has not been deducted. The mandatory provisions of Sections 50 and 42 of NDPS Act were not fully complied with. No independent witness was joined at the time of recovery. Charges have been framed on 23.09.2025, however, out of 18 prosecution witnesses, none has been examined. The petitioner is not involved in any other case.

3.

Learned State counsel opposes the bail on the ground that the

 CRM-M-62408-2025 (O&M) 2 commercial quantity of contraband was recovered from the petitioner, who was apprehended at the spot. However, he is unable to controvert the submissions with regard to stage and the petitioner being not involved in any other case. 4.

Heard.

5.

This Court had granted the concession of bail in Karandeep Singh @ Sunny vs. State of Punjab, CRM-M-9712-2021, on 06.09.2021, a case of recovery of 270 and 150 grams of heroin from two accused, being marginally higher than non-commercial quantity after about 11 months. Similarly in Simrapal Singh vs. UOI, CRM-M-10276-2021, on 17.09.2021, the custody being of about 1 year and the recovery of 1.5 grams of charas, marginally above non-commercial quantity, against which the SLP filed by UOI was dismissed on 23.01.2023, in Basanti Mondal and Ors. vs. State of West Bengal, SLP (Crl.) No.12586/2022 on 29.03.2023, to the lady after 1 year of custody, recovery being of 6548 bottles, each contained 100 ml of phensedyl cough linctus codeine and in Munasi Masih vs. State of Punjab, CRM-M-31504-2022, on 06.2.2023, wherein commercial quantity of contraband had been recovered but only 2 out of 13 PWs had been examined.

6.

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 CRM-M-62408-2025 (O&M) 3 7.

The petitioner is ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:- (i) The petitioner will not tamper with the evidence during the trial.

(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.

(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.

(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of.

(v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.

(vi) The petitioner shall not in any manner misuse his liberty.

(vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court.

(viii) The petitioner shall not leave the country without prior permission of the trial Court.

(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.

8.

It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order.

9.

In view of the above, it is clarified that the observations made

 CRM-M-62408-2025 (O&M) 4 herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations. (AMAN CHAUDHARY) JUDGE 18.03.2026 M.Kamra Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No