Bench granted regular bail to the petitioner in a narcotics case under Section 483 of BNSS 2023, considering the duration of incarceration and stage of trial despite commercial quantity of drugs alleged.
Petitioner ordered to be released on bail subject to furnishing bail/surety bonds to the satisfaction of the trial Court or concerned Magistrate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM-M-4334-2026
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
213
CRM-M-4334-2026
Decided on : 09.07.2026
VIJAY KUMAR
......Petitioner
Versus
STATE OF PUNJAB
......Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. Nikhil Ghai, Advocate, for the petitioner.
Mr. Vinay Malhotra, DAG, Punjab.
SANJAY VASHISTH, J.
hereunder:-
| Name of | FIR | Date | Section(s) | Police | District |
|---|---|---|---|---|---|
| Petitioner(s) | No. | Station | |||
| Vijay Kumar, | 08 | 09.01.2025 | 21/29-61- | Model | Hoshiarpur |
| aged about 45 | 85 of | Town | |||
| years | NDPS Act |
LAVISHA 2026.07.10 10:15 I attest to the accuracy and integrity of this document PHHC, Chandigarh
CRM-M-4334-2026
2
Besides the present petitioner, one more accused, namely Manish Bhatia, has been arrayed as an accused in the present case.
Counsel further submits that petitioner is in judicial custody since 09.01.2025, i.e., for about one year and five months. Out of total 10 prosecution witnesses, none has been examined so far. Thus, conclusion of the trial is likely to take a considerable period of time. Thus, learned counsel prays for the grant of regular bail to the petitioner in the present case.
As per the custody certificate, in the present case, petitioner has already undergone 01 year 05 months and 24 days period inside jail.
LAVISHA 2026.07.10 10:15 I attest to the accuracy and integrity of this document PHHC, Chandigarh
CRM-M-4334-2026 3
It is further submitted that, apart from the present case, petitioner was previously found in possession of 500 grams of opium, which falls within non-commercial quantity. However, it is not disputed that petitioner has already been granted bail in the said case.
Learned State counsel, therefore, contends that, in view of petitioner's criminal antecedents, he does not deserve the concession of regular bail, and accordingly, prays for dismissal of the present petition. 6. This Court has heard the learned counsel for the parties and perused the record available before it.
Consequently, prayer made in the present petition is allowed . Petitioner is ordered to be released on bail, subject to his furnishing bail/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.
LAVISHA 2026.07.10 10:15 I attest to the accuracy and integrity of this document PHHC, Chandigarh
CRM-M-4334-2026
4
independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law.
found indulged in similar kind of activities, this order shall be deemed to be cancelled.
(SANJAY VASHISTH) JUDGE
09.07.2026 Lavisha
Whether Speaking/Reasoned: YES/ NO Whether Reportable: YES/ NO
LAVISHA 2026.07.10 10:15 I attest to the accuracy and integrity of this document PHHC, Chandigarh
2 issues framed by the court
Whether regular bail should be granted to the petitioner during the pendency of the trial in a narcotics case involving possession of commercial quantity.
Whether the petitioner's prior criminal antecedents and duration of incarceration warrant bail despite the lack of additional factors requiring strict denial.
2 provisions across 2 enactments
VIJAY KUMAR
STATE OF PUNJAB
SANJAY VASHISTH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
