Gamdur Singh vs State Of Haryana

VIKRAM AGGARWAL, J (ORAL)

The prayer in the present petition preferred under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’) is for the grant of regular bail to the petitioner in case FIR No.59, dated 10.05.2026 registered at Police Station Jakhal, District Fatehabad, under Sections 21B, 27A, 31A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

Custody certificate dated 10.09.2026 filed in Court today is taken on record.

On 10.05.2026, the petitioner was apprehended and was allegedly found to be in possession of 07 grams 30 milligrams of heroin (intermediate quantity).

Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that the petitioner is in custody for the last more than 4 months, he having been arrested on 10.05.2026; investigation stands completed; final report has been submitted but charges have not been framed as a result of which, none out of 13 witnesses has been examined; the trial will take a sufficiently long time and, therefore, no useful purpose would be served by keeping the petitioner in custody any longer.

Per contra, learned State counsel has opposed the bail application, stating that the antecedents of the petitioner are not clean and that he is involved in 6 other cases under the NDPS Act out of which, he has been convicted in one case and has been sentenced to undergo rigorous imprisonment for a period of 03 years.

To this, learned counsel for the petitioner submits that in all other cases, the petitioner is on bail and in two cases, he has been acquitted. He further submits that all cases pertain to small/intermediate quantity, which shows that the petitioner is not a hardened criminal.

I have considered the submissions made by learned counsel for the parties.

Concededly, the allegation is that the petitioner was found to be in possession of an intermediate quantity of heroin (7 grams 30 milligrams). No doubt, the petitioner is not having clean antecedents and 6 other cases are registered against him and he has also been convicted in one case. However, in two cases, the petitioner has been acquitted and in the other three cases, he is on bail. The conviction was on account of the petitioner having been found to be in possession of an intermediate quantity of poppy husk (20 k.g.). He is in custody for the last more than 4 months, he having been arrested on 10.05.2026. Investigation stands completed. Final report has been submitted and on account of non-framing of charges, none out of 14 witnesses has been examined. It is, therefore, clear that the trial will take a sufficiently long time. In the considered opinion of this Court, no useful purpose would be served by keeping the petitioner in custody any longer.

In view of the aforementioned facts and circumstances, without expressing any opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Chief Judicial Magistrate/Duty Magistrate.

Pending application(s), if any, shall also stand disposed of.