CRM-M-26807- IN THE HIGH COURT OF PUNJAB AND HARYANA AT (209) VICKY ANTIL STATE OF HARYANA CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Mr. Neeraj Poswal, AAG, Haryana *** MANISHA BATRA, J. (ORAL) 1. The instant petition 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) seeking grant of anticipatory registered under Section 20(b)(ii)(c) of Substances Act a 2. As per the allegations, on 17.03.2026, on the basis of a secret information to the effect that the accused Sahil @ Sandhu was involved in the business of sale of to one property dealer namely Himanshu at a farm house apprehended with the same, a informed place and apprehended the above of 1 Kg. 188 grams of was taken into custody. The above -2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of decision : VICKY ANTIL Versus HARYANA HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Rajesh Goyal, Advocate for the petitioner Mr. Neeraj Poswal, AAG, Haryana *** MANISHA BATRA, J. (ORAL) The instant petition has been filed by of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) seeking anticipatory bail in case arising out of FIR No. registered under Section 20(b)(ii)(c) of Narcotic Drugs and Psychotropic at Police Station Murthal, District Sonipat. As per the allegations, on 17.03.2026, on the basis of a secret information to the effect that the accused Sahil @ Sandhu was involved in the business of sale of charas and on that very day also, he was going to sell to one property dealer namely Himanshu at a farm house apprehended with the same, a raiding party was formed, which reached at the informed place and apprehended the above-named Sahil @ S of 1 Kg. 188 grams of charas was effected from his conscious possession which was taken into custody. The above-named accused was formally arrested. On IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-26807-2026 (O&M) Date of decision : 26.05.2026 ... Petitioner ...Respondent HON'BLE MRS. JUSTICE MANISHA BATRA dvocate for the petitioner has been filed by the petitioner under Section of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) seeking bail in case arising out of FIR No.88 dated 17.03.2026 Narcotic Drugs and Psychotropic t Police Station Murthal, District Sonipat. As per the allegations, on 17.03.2026, on the basis of a secret information to the effect that the accused Sahil @ Sandhu was involved in the and on that very day also, he was going to sell charas to one property dealer namely Himanshu at a farm house and could be raiding party was formed, which reached at the named Sahil @ Sandhu. Recovery was effected from his conscious possession which named accused was formally arrested. On under Section of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) seeking 88 dated 17.03.2026 Narcotic Drugs and Psychotropic As per the allegations, on 17.03.2026, on the basis of a secret information to the effect that the accused Sahil @ Sandhu was involved in the charas be raiding party was formed, which reached at the andhu. Recovery was effected from his conscious possession which named accused was formally arrested. On AMIT SHARMA 2026.05.27 14:40 I attest to the accuracy and integrity of this order/judgment. CRM-M-26807- interrogation, he suffered disclosure statement admitting his involvement in the crime and further disclosed that the recovered contraband had been supplied to him by the petitioner. On present petitioner was nominated as an accused. Apprehending his arrest, the petitioner moved an app dismissed by the Court of Learned Additional Sessions Judge, Sonipat vide order dated 24.04.2026. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case accused which cannot be considered to be legally admissible in evidence. He was not named in the FIR. The alleged recovery is marginally above the commercial quantity. There is no material on record to con commission of subject offences. His custodial interrogation is not required. He is ready to join investigation. No recovery is to be effected from him. He is suffering from various ailments and requires argued that the petition deserves to be allowed. 4. Per contra, learned State counsel has argued that the allegations against the petitioner are quite serious in nature. He was the supplier of the contraband to the accused Sahil @ Sandhu. Recovery of contraband had been effected in this case. During the course of investigation, the call detail records of the mobile phone used by the petitioner as well as co accused Sahil @ Sandhu have been collected and there is history of frequ WhatsApp calls and chats between them. They were in active and constant touch with each other. There is also evidence of financial transactions having -2026 (O&M) 2 interrogation, he suffered disclosure statement admitting his involvement in the further disclosed that the recovered contraband had been supplied to him by the petitioner. On the basis of disclosure statement of co present petitioner was nominated as an accused. Apprehending his arrest, the petitioner moved an application for grant of anticipatory bail which has been dismissed by the Court of Learned Additional Sessions Judge, Sonipat vide order dated 24.04.2026. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure statement of the co accused which cannot be considered to be legally admissible in evidence. He was not named in the FIR. The alleged recovery is marginally above the commercial quantity. There is no material on record to con commission of subject offences. His custodial interrogation is not required. He is ready to join investigation. No recovery is to be effected from him. He is om various ailments and requires argued that the petition deserves to be allowed. Per contra, learned State counsel has argued that the allegations against the petitioner are quite serious in nature. He was the supplier of the contraband to the accused Sahil @ Sandhu. Recovery of contraband had been effected in this case. During the course of investigation, the call detail records of the mobile phone used by the petitioner as well as co accused Sahil @ Sandhu have been collected and there is history of frequ WhatsApp calls and chats between them. They were in active and constant touch with each other. There is also evidence of financial transactions having interrogation, he suffered disclosure statement admitting his involvement in the further disclosed that the recovered contraband had been supplied to disclosure statement of co-accused, the present petitioner was nominated as an accused. Apprehending his arrest, the lication for grant of anticipatory bail which has been dismissed by the Court of Learned Additional Sessions Judge, Sonipat vide It is argued by learned counsel for the petitioner that he has been on the basis of disclosure statement of the co- accused which cannot be considered to be legally admissible in evidence. He was not named in the FIR. The alleged recovery is marginally above the commercial quantity. There is no material on record to connect him with the commission of subject offences. His custodial interrogation is not required. He is ready to join investigation. No recovery is to be effected from him. He is medical care. It is, therefore, Per contra, learned State counsel has argued that the allegations against the petitioner are quite serious in nature. He was the supplier of the contraband to the accused Sahil @ Sandhu. Recovery of commercial quantity of contraband had been effected in this case. During the course of investigation, the call detail records of the mobile phone used by the petitioner as well as co- accused Sahil @ Sandhu have been collected and there is history of frequent WhatsApp calls and chats between them. They were in active and constant touch with each other. There is also evidence of financial transactions having interrogation, he suffered disclosure statement admitting his involvement in the further disclosed that the recovered contraband had been supplied to , the present petitioner was nominated as an accused. Apprehending his arrest, the lication for grant of anticipatory bail which has been dismissed by the Court of Learned Additional Sessions Judge, Sonipat vide It is argued by learned counsel for the petitioner that he has been - accused which cannot be considered to be legally admissible in evidence. He was not named in the FIR. The alleged recovery is marginally above the nect him with the commission of subject offences. His custodial interrogation is not required. He is ready to join investigation. No recovery is to be effected from him. He is , Per contra, learned State counsel has argued that the allegations against the petitioner are quite serious in nature. He was the supplier of the commercial quantity of contraband had been effected in this case. During the course of investigation, - ent WhatsApp calls and chats between them. They were in active and constant touch with each other. There is also evidence of financial transactions having AMIT SHARMA 2026.05.27 14:40 I attest to the accuracy and integrity of this order/judgment. CRM-M-26807- exchanged between them through online platform which monetary dealing with contraband. No exceptional or extra arrest bail is made out in favour of the petitioner who played a pivotal role of commission of the subject offence. It not deserve to be allowed. 5. This Court has heard the rival submissions made by learned counsel for the parties at considerable length. 6. The petitioner is alleged to have supplied commercial quantity of charas to the co- same had been recovered. As per the status report filed by the respondent there has been evidence of the petitioner being in constant touch with the main accused Sahil and the of calls have also been established between them. Recovery in this case is of commercial quantity of contraband. For the purpose of conducting thorough and proper investigation in the matter, custo required. The allegations against him are serious in nature. The case is at its nascent stage. It is well settled that anticipatory bail to an accused can be granted in exceptional circumstances only as a person cou safety of pre-arrest bail would certainly not disclose all the facts within his knowledge. In case custodial interrogation of the petitioner is denied to the Investigating Agency, that shall leave many glaring loopholes and gaps, thereb adversely effecting the investigation. The Court is also required to see that an order of anticipatory bail does not operate as inroad in the normal legal -2026 (O&M) 3 exchanged between them through online platform which monetary dealing with the co-accused, arising out of illegal trade and supply of contraband. No exceptional or extra-ordinary circumstance for grant of pre arrest bail is made out in favour of the petitioner who played a pivotal role of commission of the subject offence. It is, therefore, argued that the petition does not deserve to be allowed. This Court has heard the rival submissions made by learned counsel for the parties at considerable length. The petitioner is alleged to have supplied commercial quantity of -accused Sahil @ Sandhu from whose conscious possession the same had been recovered. As per the status report filed by the respondent there has been evidence of the petitioner being in constant touch with the main accused Sahil and the financial transactions between them as well as exchange of calls have also been established between them. Recovery in this case is of commercial quantity of contraband. For the purpose of conducting thorough and proper investigation in the matter, custodial interrogation of the petitioner is The allegations against him are serious in nature. The case is at its nascent stage. It is well settled that anticipatory bail to an accused can be granted in exceptional circumstances only as a person cou arrest bail would certainly not disclose all the facts within his knowledge. In case custodial interrogation of the petitioner is denied to the Investigating Agency, that shall leave many glaring loopholes and gaps, thereb adversely effecting the investigation. The Court is also required to see that an order of anticipatory bail does not operate as inroad in the normal legal exchanged between them through online platform which prima facie indicate his arising out of illegal trade and supply of ordinary circumstance for grant of pre- arrest bail is made out in favour of the petitioner who played a pivotal role of is, therefore, argued that the petition does This Court has heard the rival submissions made by learned counsel The petitioner is alleged to have supplied commercial quantity of accused Sahil @ Sandhu from whose conscious possession the same had been recovered. As per the status report filed by the respondent-State, there has been evidence of the petitioner being in constant touch with the main financial transactions between them as well as exchange of calls have also been established between them. Recovery in this case is of commercial quantity of contraband. For the purpose of conducting thorough and dial interrogation of the petitioner is The allegations against him are serious in nature. The case is at its nascent stage. It is well settled that anticipatory bail to an accused can be granted in exceptional circumstances only as a person couched in comparative arrest bail would certainly not disclose all the facts within his knowledge. In case custodial interrogation of the petitioner is denied to the Investigating Agency, that shall leave many glaring loopholes and gaps, thereby adversely effecting the investigation. The Court is also required to see that an order of anticipatory bail does not operate as inroad in the normal legal indicate his arising out of illegal trade and supply of - arrest bail is made out in favour of the petitioner who played a pivotal role of is, therefore, argued that the petition does This Court has heard the rival submissions made by learned counsel The petitioner is alleged to have supplied commercial quantity of accused Sahil @ Sandhu from whose conscious possession the State, there has been evidence of the petitioner being in constant touch with the main financial transactions between them as well as exchange of calls have also been established between them. Recovery in this case is of commercial quantity of contraband. For the purpose of conducting thorough and dial interrogation of the petitioner is The allegations against him are serious in nature. The case is at its nascent stage. It is well settled that anticipatory bail to an accused can be ched in comparative arrest bail would certainly not disclose all the facts within his knowledge. In case custodial interrogation of the petitioner is denied to the y adversely effecting the investigation. The Court is also required to see that an order of anticipatory bail does not operate as inroad in the normal legal AMIT SHARMA 2026.05.27 14:40 I attest to the accuracy and integrity of this order/judgment. CRM-M-26807- procedure of criminal cases by the trial Court. It is well settled proposition of law that the powe in extra-ordinary and exceptional circumstances and with great caution while taking into consideration the nature of the accusation and the sentence which the conviction may entail. In the in circumstance is, however, made out from the pleas as taken by the petitioner. Taking into consideration the above discussed facts, this Court is of the considered opinion that the petition Accordingly the same is dismissed. 7. It is, however, clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in 8. Since the main petition has been any, is rendered infructuous. 26.05.2026 Amit Sharma -2026 (O&M) 4 procedure of criminal cases by the trial Court. It is well settled proposition of law that the powers for grant of pre-arrest bail are to be exercised by the Court ordinary and exceptional circumstances and with great caution while taking into consideration the nature of the accusation and the sentence which the conviction may entail. In the instant case, no such exceptional or extra circumstance is, however, made out from the pleas as taken by the petitioner. Taking into consideration the above discussed facts, this Court is of the considered opinion that the petition does not deserve Accordingly the same is dismissed. It is, however, clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in Since the main petition has been dismissed any, is rendered infructuous. (MANISHA BATRA) Whether speaking/reasoned: Whether reportable:- Yes/No procedure of criminal cases by the trial Court. It is well settled proposition of arrest bail are to be exercised by the Court ordinary and exceptional circumstances and with great caution while taking into consideration the nature of the accusation and the sentence which the stant case, no such exceptional or extra-ordinary circumstance is, however, made out from the pleas as taken by the petitioner. Taking into consideration the above discussed facts, this Court is of the does not deserve to be allowed. It is, however, clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in any manner. dismissed, pending application, if (MANISHA BATRA) JUDGE Whether speaking/reasoned:- Yes/No Yes/No procedure of criminal cases by the trial Court. It is well settled proposition of arrest bail are to be exercised by the Court ordinary and exceptional circumstances and with great caution while taking into consideration the nature of the accusation and the sentence which the ordinary circumstance is, however, made out from the pleas as taken by the petitioner. Taking into consideration the above discussed facts, this Court is of the to be allowed. It is, however, clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case pending application, if AMIT SHARMA 2026.05.27 14:40 I attest to the accuracy and integrity of this order/judgment.