Abhivinay Sharma Alias Daman Alias Avinay Sharma Vs State of Punjab

Instant second petition has been filed under Section 483 of the BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, in case FIR No. 140 dated 30.06.2025, under Sections 22(c), 25, 27-A, 29 of the NDPS Act and Section 223 of the BNS, registered at Police Station Jandiala, District Amritsar Rural.

¶15

As per case of the prosecution, while the police party was patrolling in search of anti-social elements, a secret information was received to the effect that the petitioner, namely, Abhivinay Sharma alias Daman alias Avinay Sharma, was indulging in the business of supplying narcotic drugs in the villages and was proceeding towards Village Nawan Pind on his black-coloured Platinum motorcycle. Acting upon the said information, a naka was laid. When the petitioner reached the spot on his

¶16

RAJAN 2026.07.20 11:05 I attest to the accuracy and integrity of this document

¶17

2

¶18

CRM-M-25223-2026(O&M)

¶19

motorcycle, he was intercepted and searched, resulting in the recovery of 1000 Tramadol tablets from his possession.

¶20

Earlier, the petitioner's first bail petition, i.e. CRM-M-645032025, was dismissed as withdrawn vide order dated 17.03.2026, primarily on the ground that the recovery of 1000 Tramadol tablets constituted commercial quantity.

¶21

The instant second petition is for grant of regular bail. Referring to paragraph 4 of the petition, learned counsel for the petitioner submits that although 1000 Tramadol tablets were recovered, the actual Tramadol salt contained therein is only 180.50 grams, which falls below the notified commercial quantity. It is further contended that the issue as to whether the entire weight of the tablets or only the actual narcotic content is to be considered for determining the quantity under the NDPS Act is presently engaging the attention of the Hon'ble Supreme Court.

¶22

Confronted with the law laid down by the Hon'ble Supreme Court in Hira Singh and another v. Union of India and another , (2020) 20 SCC 272, learned counsel for the petitioner submits that although the said judgment continues to apply, the correctness of the proposition regarding determination of commercial quantity is under consideration again before the Hon'ble Apex Court in Mayank Girishbhai Shah v. Union of India [Writ Petition (Civil) No.816 of 2025] . It is, therefore, argued that the petitioner deserves the concession of regular bail, particularly in view of the fact that he has already undergone incarceration for more than one year and the trial has not progressed.

¶23

RAJAN 2026.07.20 11:05 I attest to the accuracy and integrity of this document

¶24

3

¶25

CRM-M-25223-2026(O&M)

¶26

Per contra, learned State counsel, while not disputing that the actual Tramadol salt contained in the recovered tablets is about 180.50 grams, submits that the law declared in Hira Singh’s case continues to be binding. It is contended that, in view of the ratio laid down therein, the entire quantity of the seized contraband, including the neutral substance, has to be taken into consideration for determining whether the recovered quantity is small, intermediate or commercial. Merely because the issue is stated to be pending consideration before the Hon'ble Supreme Court would not entitle the petitioner to the concession of bail.

¶27

Having heard learned counsel for the parties and considered the material available on record, this Court finds that the proposition laid down in Hira Singh’s case continues to hold the field. However, it is also a matter of record that the issue regarding determination of the quantity of contraband is stated to be under consideration before the Hon'ble Supreme Court. Without expressing any opinion on the merits of the controversy, this Court deems it appropriate to consider the petitioner's prayer for bail in the peculiar facts and circumstances of the present case.

¶28

It is not disputed that the petitioner has remained in custody for more than one year. Out of 19 prosecution witnesses, not even a single witness has been examined till date. Consequently, the conclusion of the trial is likely to take considerable time. It is also not the case of the prosecution that the petitioner is involved in any other case under the NDPS Act or in any other offence of a similar nature.

¶29

RAJAN 2026.07.20 11:05 I attest to the accuracy and integrity of this document

¶30

4

¶31

CRM-M-25223-2026(O&M)

¶32

The object of pre-trial detention is to secure the presence of the accused during trial and not to inflict punishment before conviction. Continued incarceration of an undertrial, particularly when the trial is not likely to conclude in the near future, would not serve the ends of justice. Therefore, keeping in view the period of custody undergone by the petitioner, the stage of the trial, the absence of any criminal antecedents of a similar nature, and without commenting upon the merits of the case, this Court is of the considered view that the petitioner has made out a case for grant of regular bail.

¶33

Consequently, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing adequate bail and surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate concerned, if not required in any other case.

¶34

Needless to observe that the petitioner shall neither extend any threat to nor influence any prosecution witness, directly or indirectly. He shall also appear before the trial Court on each and every date of hearing unless exempted in accordance with law and shall not misuse the concession of bail in any manner.

¶35

It is clarified that the observations made herein are only for the purpose of deciding the present bail petition and shall not be construed as an expression of opinion on the merits of the case. The learned trial Court shall proceed to decide the case independently, on the basis of the evidence adduced before it, in accordance with law.

¶36

RAJAN 2026.07.20 11:05 I attest to the accuracy and integrity of this document

¶37

5

¶38

CRM-M-25223-2026(O&M)

¶39