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2025 DAILYLAW 101312 (PNJ)

SANJEEV v. STATE OF HARYANA

CRM-M/51973/2025 · 2025-09-19

Vinod S Bhardwaj

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 209 CRM-M-51973-2025 (O&M) Date of decision: 19.09.2025 Sanjeev ...Petitioner(s) VERSUS State of Haryana ...Respondent(s) CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Vinod Bhardwaj, Advocate for the petitioner(s). Ms. Chhavi Sharma, AAG Haryana. ***** VINOD S. BHARDWAJ, J. (Oral) 1. The instant petition is for seeking concession of regular bail in case bearing FIR No. 39 dated 09.02.2025 registered under Sections 22-C and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Civil Lines Kaithal, District Kaithal. 2. The brief facts of the prosecution case are that on 08.02.2025, ASI Rajesh Kumar, while on patrolling duty along with other police officials near the railway crossing at Bus Stand, Kaithal, received secret information to the effect that Vikram @ Kalu, son of Daya Ram, and Sanjeev (the petitioner herein), son of Ram Kumar, were indulging in the sale of narcotic tablets near Bus Stand, Kaithal, and Hanuman Vatika, Kaithal, and that they would shortly be arriving at Randhir Colony, Karnal Road, Kaithal for the said purpose. 3. Upon receipt of this information, a notice under Section 42 of MANGAL SINGH 2025.09.19 14:56 I am the author of this document 2 209 CRM-M-51973-2025 (O&M) the Narcotic Drugs and Psychotropic Substances Act, 1985 was duly prepared and dispatched to Police Station Civil Lines, Kaithal. After about 10–15 minutes, two persons were seen approaching on a motorcycle from the side of Sugar Mill, Kaithal, and were apprehended. On interrogation, the driver disclosed his name as Sanjeev, son of Ram Kumar, resident of Kapil Nagar, Kaithal, and the pillion rider disclosed his name as Vikram @ Kalu, son of Daya Ram, resident of Kapil Nagar, Kaithal. 4. It is alleged that co-accused Vikram @ Kalu was found carrying a polythene bag in his hand, and upon search of the said bag, 90 strips of Tramadol Hydrochloride Sustained Release Tablets I.P. 100 mg (Trohma-100 SR) were recovered. Each strip contained 10 tablets, totalling 900 tablets, weighing 278.1 grams. The recovered tablets were determined to be narcotic in nature and prohibited under law. On the basis of the aforesaid recovery, it was alleged that Vikram @ Kalu and Sanjeev were found in conscious possession of 900 narcotic tablets and had thereby committed an offence punishable under Section 22(c) of the NDPS Act, whereupon a ruqa was sent to the Police Station and the formal FIR was registered. 5. Learned Counsel appearing on behalf of the petitioner contends that the petitioner does not suffer from any criminal antecedents and he has been in custody since 09.02.2025. He contends that the contraband was recovered from co-accused/Vikram @ Kalu and no recovery of any nature whatsoever has been effected from the petitioner. He contends that out of total 19 witnesses, none have been examined so far. He contends that concession of regular bail has already been extended to said co- MANGAL SINGH 2025.09.19 14:56 I am the author of this document 3 209 CRM-M-51973-2025 (O&M) accused/Vikram @ Kalu vide order dated 09.09.2025 passed by this Court CRM-M-49140-2025. It is thus prayed that the petitioner be also granted the concession of regular bail. 6. Counsel for the respondent-State, on the other hand, refers to the custody certificate as per which the petitioner is involved in two other cases. It is however not disputed that the recovery in the present case was effected from co-accused/Vikram @ Kalu, who has already been granted the concession of regular bail by this Court vide order dated 09.09.2025. She does not dispute the period of custody actually undergone by the petitioner. 7. Taking into consideration the fact that the case of the petitioner is on a better footing as compared to co-accused/Vikram @ Kalu, who has already been granted the concession of regular bail by this Court vide order dated 09.09.2025, stage of the trial and bearing in mind that the conclusion of the trial is likely to take a long time, I deem it fit to allow the instant petition. However, it is also noticed that there is a mis-declaration by the petitioner with respect to his involvement in any other criminal case as averred in para No.14 of the present petition. Hence, while granting the concession of regular bail to the petitioner on furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate concerned, the petitioner is further burdened with an additional cost of Rs.10,000/- to be deposited with the Haryana State Disaster Response Fund, Account No. 39681102475, State Bank of India, New Haryana Civil Secretariat Branch, Sector-17 Chandigarh, IFSC: SBIN0010603. 8. It is made clear that the petitioner shall not extend any threat MANGAL SINGH 2025.09.19 14:56 I am the author of this document 4 209 CRM-M-51973-2025 (O&M) and shall not influence any prosecution witness in any manner directly or indirectly. 9. The observation made hereinabove shall not be construed as an expression on the merits of the case and the trial Court shall decide the case on the basis of available material. (VINOD S. BHARDWAJ) 19.09.2025 JUDGE Mangal Singh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MANGAL SINGH 2025.09.19 14:56 I am the author of this document