Punjab-Haryana High Court
Hari Kishore vs State Of Punjab on 13 January, 2026
AMIT KAUNDAL 2026.01.14 16:43 CRM-M-68008-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 216/2 CRM-M-68008-2025 Date of decision : 13.01.2026 Hari Kishore ... Petitioner Versus State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE H.S.GREWAL Present:- |§ Mr. Sayam Sharma, Advocate for the petitioner. Mr. P.S. Pandher, AAG, Punjab. 2K H.S. Grewal, J.(Oral)
1. This petition has been filed by the petitioner seeking regular bail under Section 483 BNSS, 2023, in case FIR No.108 dated 16.07.2025, under Sections 22/27-A/29/31 of the NDPS Act and Section 223 BNS, registered at Police Station 'A' Division, Amritsar.
2. The case of the prosecution is that initially co-accused Ravinder Singh @ Nikka was apprehended while in possession of 35 intoxicant tablets along with Rs.500/- as drug money. During the course of investigation, he disclosed that he had purchased the same from a medical store from where co- accused Kulwinder Singh @ Kinda was arrested and recovery of 650 tablets of Clovidol-100 SR (Tramadol) along with other intoxicant tablets were allegedly effected from his shop. Kulwinder Singh then disclosed the name of other co-accused from whom further recovery of intoxicant tablets as well as drug money had been effected. The allegation against the petitioner is that from the premises of M/s Lucent Biotech Limited, where the petitioner was employed as a | attest to the accuracy and integrity of this document Chandigarh AMIT KAUNDAL 2026.01.14 16:43 CRM-M-68008-2025 Plant Manager, 13 drums containing 25 kg. each of raw material for Tramadol (total 325 Kg.), 3,950 unmarked tablets and 180 tablets of Trakemi-100 (Tramadol) was allegedly recovered.
3. Learned counsel for the petitioner, however, submits that the petitioner has been falsely implicated in this case and was merely working as the Plant Manager of the manufacturing unit. It is also submitted that the aforesaid Firm is a duly registered pharmaceutical company and holds a valid Certificate of Incorporation as well as requisite licenses under the Drugs and Cosmetics Act, 1940. In support of his submissions, he has referred to the copy of Certificate of Incorporation at Annexure P-2 and licenses at Annexure P-3. He further submits that the recovered material was manufactured and transported under valid invoices and company transit bills, which clearly show a complete paper trail of the raw material. It is further submitted that the petitioner is in custody for the last more than 05 months & 08 days and is not involved in any other case under the NDPS Act. Moreover, Co-accused Vikram Saini, Navjot Singh and Ravinder Singh @ Nakka @ Nikka have already been granted the concession of bail by this Court in CRM-M-64273-2025, CRM-M-64700-2025 & CRM-M-72577-2025 on 09.12.2025 & 09.01.2026 respectively. He, therefore, prays for release of the petitioner on regular bail as the trial is likely to take a long time.
4. Learned State counsel vehemently opposes the prayer for grant of regular bail to the petitioner on the ground that the petitioner was in active participation of drug peddling business. He has filed the custody certificate in Court, which is taken on record. As per the custody certificate, the petitioner is in custody for the last more than 05 months & 08 days. He, upon instructions, submits that although challan has been presented but charges are yet to be framed.
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5. I have heard the learned counsel for the parties and perused the record.
6. It is apparent from the record that several persons have been nominated as accused in the present FIR one after another solely on the basis of disclosure statements. At this stage, it is yet to be determined during trial as to whether the alleged recovery was meant for illegal sale, especially when the same was being used for manufacturing valid medicines.
7. In view of the above submissions of learned counsel for the parties and keeping in view the fact that the petitioner is in custody for the last more than 05 months & 08 days, he is not involved in any other case under the NDPS Act, co-accused(s) have been granted bail and that the trial is likely to take a long time, this Court deems it fit to grant the concession of regular bail to the petitioner during the pendency of the trial as the continuous detention of the petitioner would not serve the ends of justice.
8. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.
9. However, it is made clear that in case the petitioner misuses the concession of bail, the State would be at liberty to seek cancellation of his bail.
(H.S.GREWAL) January 13, 2026 JUDGE A.Kaundal Whether speaking/reasoned : Yes/No Whether reportable : Yes/No AMIT KAUNDAL 2026.01.14 16:43 | attest to the accuracy and integrity of this document Chandigarh