CRM-M-9282-2025 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH 228 CRM-M-9282-2025 (O&M) Date of decision: 19.05.2025 Parvinder Singh @ Dollu ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Satnam Singh Gill, Advocate & Ms. Manjot Kaur, Advocate for the petitioner. Mrs. Sheenu Sura, DAG, Haryana. MANISHA BATRA, J. (Oral) 1. Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No. 480 dated 29.07.2023, registered under Sections 18, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Shahabad, District Kurukshetra. 2. Brief facts of the case relevant for the disposal of the present petition are that on 29.07.2023, on the basis of a secret information, petitioner Parvinder Singh @ Dollu and Harvinder Singh, who were the drivers and cleaner respectively at truck bearing registration number PB-65-AA-9784, were apprehended by a police party headed by Inspector Mandeep Singh and recovery of 17 kgs. of opium was effected from them. They were formally arrested at the spot. During their interrogation, it came out that the recovered MOHAMMAD WASEEM ANSARI 2025.05.19 09:31 I attest to the accuracy and integrity of this document CRM-M-9282-2025 (O&M) -2- contraband was taken by them as per instructions of their owner Jugraj Singh. On the basis of the same, Jugraj Singh was also nominated as accused in this case and was arrested on 30.07.2023. During investigation, co-accused Jugraj Singh disclosed that one Sahil Vij had purchased 05 kgs. of opium from him for Rs. 5 Lakhs. The bank account records of co-accused Sahil Vig were obtained and on perusal of the same, it was found that he had transferred a sum of Rs. 32,000/- to co-accusd Vikas Kumar. Some other persons were also nominated in this case on the basis of the disclosure statements suffered by co- accused. After completion of necessary investigation and usual formalities, challan was presented before the Court and presently, the petitioner along with co-accused is facing trial for commission of aforementioned offences. He had moved an application for grant of regular bail before the learned trial Court but the same had been dismissed, vide order dated 19.11.2024. 3. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. In fact, a false recovery was planted upon the petitioner and co-accused Harvinder Singh. Mandatory provisions of the NDPS Act were not complied with properly. No independent witness was joined at the time of effecting alleged recovery. The petitioner has clean antecedents and is not involved in any other case. Co-accused Sahil Vig and Umesh Paswan have been granted concession of regular bail by this Court, vide orders dated 25.01.2024 and 12.02.2024, passed in CRM-M-51005-2023 and CRM-M-6424-2024, respectively. Apart from them, co-accused Jugraj Singh, Lakhwinder Singh, Umehs Paswan and Sandeep Kumar have also been granted concession of regular bail by this Court. Even similarly situated co- accused Harvinder Singh, who was apprehended at the spot along with the MOHAMMAD WASEEM ANSARI 2025.05.19 09:31 I attest to the accuracy and integrity of this document CRM-M-9282-2025 (O&M) -3- petitioner, has been granted concession of regular bail by this Court, vide order dated 03.02.2025 passed in CRM-M-4915-2025. On the grounds of parity, the petitioner too deserves to be extended the same benefit. He is in judicial custody since 29.07.2023. Conclusion of trial is likely to take time. No useful purpose would be served by keeping him in custody. Therefore, it is urged that the petition deserves to be allowed. 4. Status report has been filed by the respondent-State. It is submitted therein and learned Deputy Advocate General, Haryana has argued that the petitioner is not entitled to get benefit of bail as there are serious allegations against him. The petitioner along with co-accused Harvinder Singh was apprehended by the police party at the spot and aforesaid recovery of the contraband was effected from them. Trial is going on at a proper pace. It is, thus, argued that the petition is liable to be dismissed. 5. I have heard learned counsel for the parties at considerable length and have also perused the material placed on record. 6. The petitioner along with co-accused Harvinder Singh was apprehended by the police party on 29.07.2023 and recovery of 17 kgs. of opium was effected from them. A perusal of the record reveals that similarly situated co-accused Harvinder Singh has already been granted concession of regular bail by this Court, as mentioned above. Apart from him, several other co-accused, as mentioned above, have already been granted concession of regular bail by this Court. The petitioner is in custody since 29.07.2023. He is not shown to be involved in any other case. Investigation has since been completed and challan has been filed. A perusal of the status report shows that though the final report was presented before the Court on 18.12.2023, MOHAMMAD WASEEM ANSARI 2025.05.19 09:31 I attest to the accuracy and integrity of this document CRM-M-9282-2025 (O&M) -4- however, no prosecution has been examined so far, which means that the trial is substantially delayed. Keeping in view the aforementioned facts and circumstances, I am of the considered opinion that no useful purpose would be served by keeping the petitioner in custody anymore. Accordingly, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. However, it will be open for the prosecution to apply for cancellation of bail in case the petitioner is found involved in any other subsequent case. 7. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 19.05.2025 (MANISHA BATRA) Waseem Ansari Waseem Ansari Waseem Ansari Waseem Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHAMMAD WASEEM ANSARI 2025.05.19 09:31 I attest to the accuracy and integrity of this document