CRM-M-5816 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 306 Barkat State of Haryana CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. Bharatiya Nagarik Suraksha Sanhita, 2023 FIR No. 74 Narcotic Drugs and Psychotropic Substances Act, 1985 Act’) at Police Station 2. petition are that co-accused Tasleem and Mukeem, while coming on a truck registration number HR headed by ASI Sandeep and on search of the vehicle, recovery of Ganja was vehicle belonged to the present petitioner and it was on his asking that they were bringing the contraband from Vishakhapatanam. On the basis of the same, the petitioner was nominated in this case 5816-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Versus Haryana CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Pawandeep Singh, Advocate for the petitioner. Mr. Neeraj Poswal, AAG, Haryana. MANISHA BATRA, J. (Oral) This petition has been filed by the petitioner under Section tiya Nagarik Suraksha Sanhita, 2023 74 dated 05.03.2024, registered under Section Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station City Sohana, District Gurugram. Brief facts of the case relevant for the purpose of disposal of this petition are that on 05.03.2024, on the basis of a sec accused Tasleem and Mukeem, while coming on a truck registration number HR-38-AC-7912, were apprehended by a police party headed by ASI Sandeep and on search of the vehicle, recovery of was effected. On interrogation, the co vehicle belonged to the present petitioner and it was on his asking that they were bringing the contraband from Vishakhapatanam. On the basis of the same, the petitioner was nominated in this case IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-5816-2025 (O&M) Date of decision: 24.03.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Pawandeep Singh, Advocate Mr. Neeraj Poswal, AAG, Haryana. This petition has been filed by the petitioner under Section 483 tiya Nagarik Suraksha Sanhita, 2023 seeking regular bail in case bearing , registered under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS City Sohana, District Gurugram. Brief facts of the case relevant for the purpose of disposal of this on the basis of a secret information, accused Tasleem and Mukeem, while coming on a truck bearing , were apprehended by a police party headed by ASI Sandeep and on search of the vehicle, recovery of 549 kgs. of On interrogation, the co-accused disclosed that the vehicle belonged to the present petitioner and it was on his asking that they were bringing the contraband from Vishakhapatanam. On the basis of the same, the petitioner was nominated in this case and was arrested on -1- 2025 (O&M) 24.03.2025 ...Petitioner ...Respondent 483 of seeking regular bail in case bearing 20(b)(ii)(C) of the (for short ‘NDPS Brief facts of the case relevant for the purpose of disposal of this ret information, bearing , were apprehended by a police party 549 kgs. of accused disclosed that the vehicle belonged to the present petitioner and it was on his asking that they were bringing the contraband from Vishakhapatanam. On the basis of the and was arrested on MOHAMMAD WASEEM ANSARI 2025.03.25 10:32 I attest to the accuracy and integrity of this document CRM-M-5816 06.03.2024. challan was presented in the Court and presently, the petitioner co-accused moved an application before the but the same had been dismissed, vide order dated 3. petitioner has been fa belongs to one Sher Mohd. and the petitioner is not the owner of the same. The petitioner was not found at the spot and has been involved in this case on the basis of the disclosure statement made by the is not admissible in was effected from the petitioner challan has been presented. T 06.03.2024 by keeping already been granted concession of regular bail by this Court, vide order dated 09.12.2024 passed in CRM petitioner too deserves the same benefit. deserves to be allowed. 4. submitted therein a argued that the disclosure suffered by the co investigation, 5816-2025 (O&M) 06.03.2024. After completion of necessary investigation and usual formalities, was presented in the Court and presently, the petitioner accused is facing trial for commission of afore moved an application before the learned but the same had been dismissed, vide order dated Learned senior counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. belongs to one Sher Mohd. and the petitioner is not the owner of the same. The petitioner was not found at the spot and has been involved in this case on the basis of the disclosure statement made by the is not admissible in evidence. It is further argued that effected from the petitioner. Investigation has since been completed and has been presented. The petitioner is in 06.03.2024. The trial is likely to take time. No useful purpose would be served by keeping the petitioner in custody anymore. already been granted concession of regular bail by this Court, vide order dated .2024 passed in CRM-M-54976-2024. On the grounds of parity, the petitioner too deserves the same benefit. It is, therefore, urged that the petition deserves to be allowed. Status report has been filed by the respondent submitted therein and learned Assistant Advocate General, Haryana argued that though the petitioner was nominated in this case on the basis of the disclosure suffered by the co-accused but during the course of investigation, his involvement in the subject crime After completion of necessary investigation and usual formalities, was presented in the Court and presently, the petitioner along with the ial for commission of aforementioned offence. He had learned trial Court for grant of regular bail but the same had been dismissed, vide order dated 08.01.2025. counsel for the petitioner has argued that the lsely implicated in this case. The aforesaid vehicle belongs to one Sher Mohd. and the petitioner is not the owner of the same. The petitioner was not found at the spot and has been involved in this case on the basis of the disclosure statement made by the aforesaid co-accused, which It is further argued that no subsequent recovery Investigation has since been completed and he petitioner is in judicial custody since . The trial is likely to take time. No useful purpose would be served in custody anymore. Co-accused Shamim has already been granted concession of regular bail by this Court, vide order dated 2024. On the grounds of parity, the It is, therefore, urged that the petition Status report has been filed by the respondent-State. It is Assistant Advocate General, Haryana nominated in this case on the basis of accused but during the course of involvement in the subject crime was duly established. The -2- After completion of necessary investigation and usual formalities, along with the mentioned offence. He had trial Court for grant of regular bail counsel for the petitioner has argued that the The aforesaid vehicle belongs to one Sher Mohd. and the petitioner is not the owner of the same. The petitioner was not found at the spot and has been involved in this case on accused, which recovery Investigation has since been completed and judicial custody since . The trial is likely to take time. No useful purpose would be served accused Shamim has already been granted concession of regular bail by this Court, vide order dated 2024. On the grounds of parity, the It is, therefore, urged that the petition State. It is has nominated in this case on the basis of accused but during the course of established. The MOHAMMAD WASEEM ANSARI 2025.03.25 10:32 I attest to the accuracy and integrity of this document CRM-M-5816 petitioner present at Vishakhapatnam when the truck was loaded with the contraband. He has got created a hidden cabin in the vehicle for transporting the contraband. present petitioner. petitioner is released on bail, he can abscond or indulge in similar offences. is, thus, argued that the petition is lia 5. have also perused the material placed on record. 6. disclosure were apprehended at the spot with the aforesaid truck loaded with the contraband. The allegations against the petitioner are that the truck in question belonged to him and he had hired the aforesaid co contraband from Vishakhapatnam in the said truck. It has also come in investigation that he was even present at Vishakhapatnam instructions, the purchased the recovered contraband from co an amount of Rs. 1,50,000/ Rs.6,02,500/ serious. The petitioner is shown to be involved in one more criminal case, which is registered against him under Section 395 of IPC. of the petitioner with co stated to be at par with him 5816-2025 (O&M) petitioner was actively involved in commission of subject crime and was present at Vishakhapatnam when the truck was loaded with the contraband. He has got created a hidden cabin in the vehicle for transporting the contraband. The case of co-accused Shamim is not at par with that of the present petitioner. Trial is going on at proper pace. petitioner is released on bail, he can abscond or indulge in similar offences. is, thus, argued that the petition is liable to be dismissed. I have learned counsel for the parties at considerable length and have also perused the material placed on record. The petitioner has been nominated in this case on the basis of the disclosure statements suffered by co-accused were apprehended at the spot with the aforesaid truck loaded with the contraband. The allegations against the petitioner are that the truck in question belonged to him and he had hired the aforesaid co aband from Vishakhapatnam in the said truck. It has also come in investigation that he was even present at Vishakhapatnam instructions, the truck was loaded with the contraband and that he had purchased the recovered contraband from co an amount of Rs. 1,50,000/- in advance and had paid him a total amount of Rs.6,02,500/- through 45 transactions. The allegations against him are quite The petitioner is shown to be involved in one more criminal case, registered against him under Section 395 of IPC. of the petitioner with co-accused Shamim is concerned, his case cannot be stated to be at par with him as the name of the petitioner had surfaced in the was actively involved in commission of subject crime and was present at Vishakhapatnam when the truck was loaded with the contraband. He has got created a hidden cabin in the vehicle for transporting the accused Shamim is not at par with that of the at proper pace. It is also argued that if the petitioner is released on bail, he can abscond or indulge in similar offences. ble to be dismissed. I have learned counsel for the parties at considerable length and have also perused the material placed on record. The petitioner has been nominated in this case on the basis of the accused Tasleem and Mukeem, who were apprehended at the spot with the aforesaid truck loaded with the contraband. The allegations against the petitioner are that the truck in question belonged to him and he had hired the aforesaid co-accused to transport the aband from Vishakhapatnam in the said truck. It has also come in investigation that he was even present at Vishakhapatnam and on his loaded with the contraband and that he had purchased the recovered contraband from co-accused Prashant by paying him in advance and had paid him a total amount of The allegations against him are quite The petitioner is shown to be involved in one more criminal case, registered against him under Section 395 of IPC. So far as the claim accused Shamim is concerned, his case cannot be as the name of the petitioner had surfaced in the -3- was actively involved in commission of subject crime and was present at Vishakhapatnam when the truck was loaded with the contraband. He has got created a hidden cabin in the vehicle for transporting the accused Shamim is not at par with that of the It is also argued that if the petitioner is released on bail, he can abscond or indulge in similar offences. It I have learned counsel for the parties at considerable length and The petitioner has been nominated in this case on the basis of the Tasleem and Mukeem, who were apprehended at the spot with the aforesaid truck loaded with the contraband. The allegations against the petitioner are that the truck in question accused to transport the aband from Vishakhapatnam in the said truck. It has also come in and on his loaded with the contraband and that he had rashant by paying him in advance and had paid him a total amount of The allegations against him are quite The petitioner is shown to be involved in one more criminal case, So far as the claim accused Shamim is concerned, his case cannot be as the name of the petitioner had surfaced in the MOHAMMAD WASEEM ANSARI 2025.03.25 10:32 I attest to the accuracy and integrity of this document CRM-M-5816 disclosure statements of the co with specific allegations, whereas co petitioner himself. Trial is going on and there is nothing on record to suggest that there would be any undue delay in the same. by learned State counsel that the petitioner, if extended benefit of bail, may abscond or indulge in similar offences can also not be stated to be unfounded. Keeping in view the discussion as made above, the quantity of recovered contraband, which the conviction may entail and the attendant facts and circumstances of the case, I am of the considered opinion that the petitioner does not deserve to be granted benefit of regular ba dismissed. 7. for the purpose of deciding the present petition and the same shall not be construed as an expression of opinion on the merits of the 24.03.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 5816-2025 (O&M) disclosure statements of the co-accused, who were apprehended at the spot, with specific allegations, whereas co-accused Shamim was implicated by the petitioner himself. Trial is going on and there is nothing on record to suggest that there would be any undue delay in the same. by learned State counsel that the petitioner, if extended benefit of bail, may abscond or indulge in similar offences can also not be stated to be unfounded. Keeping in view the discussion as made above, the quantity of recovered d, the role attributed to the petitioner, which the conviction may entail and the attendant facts and circumstances of the case, I am of the considered opinion that the petitioner does not deserve to be granted benefit of regular bail, at this stage. Hence, the petition is dismissed. It is made clear that the observations made hereinabove are only for the purpose of deciding the present petition and the same shall not be construed as an expression of opinion on the merits of the 24.03.2025 Whether speaking/reasoned Whether reportable ccused, who were apprehended at the spot, accused Shamim was implicated by the petitioner himself. Trial is going on and there is nothing on record to suggest that there would be any undue delay in the same. The apprehension expressed by learned State counsel that the petitioner, if extended benefit of bail, may abscond or indulge in similar offences can also not be stated to be unfounded. Keeping in view the discussion as made above, the quantity of recovered the role attributed to the petitioner, the quantum of sentence which the conviction may entail and the attendant facts and circumstances of the case, I am of the considered opinion that the petitioner does not deserve to il, at this stage. Hence, the petition is It is made clear that the observations made hereinabove are only for the purpose of deciding the present petition and the same shall not be construed as an expression of opinion on the merits of the case. (MANISHA BATRA) JUDGE Yes/No Yes/No -4- ccused, who were apprehended at the spot, accused Shamim was implicated by the petitioner himself. Trial is going on and there is nothing on record to suggest ension expressed by learned State counsel that the petitioner, if extended benefit of bail, may abscond or indulge in similar offences can also not be stated to be unfounded. Keeping in view the discussion as made above, the quantity of recovered the quantum of sentence which the conviction may entail and the attendant facts and circumstances of the case, I am of the considered opinion that the petitioner does not deserve to il, at this stage. Hence, the petition is It is made clear that the observations made hereinabove are only for the purpose of deciding the present petition and the same shall not be (MANISHA BATRA) MOHAMMAD WASEEM ANSARI 2025.03.25 10:32 I attest to the accuracy and integrity of this document