CRM-M-12714 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 343 Rambabu Chaudhary State of Haryana CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. Bharatiya Nagarik Suraksha Sanhita, 2023 bearing FIR No. Narcotic Drugs and Psychotropic Substances Act, 1985 Act’) at Police Station 2. petition are that co-accused Anil Singh was apprehended by a police party headed by SI Gurmej Singh and recovery of He was formally arrested at the spot. During interrogation, the above named co-accused disclosed that he had purchased the recovered present petitioner. been nominated in this case as an accused. Apprehending his arrest, the petitioner had filed an application for grant of anticipatory bail before the 12714-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Rambabu Chaudhary Versus Haryana CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Davneet Sangwan, Advocate for the petitioner. Mr. Apoorv Garg, Senior DAG, Haryana. MANISHA BATRA, J. (Oral) This petition has been filed by the petitioner under Section tiya Nagarik Suraksha Sanhita, 2023 bearing FIR No. 544 dated 23.12.2022, registered under Section Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Yamuna Nagar Sadar, District Yamuna Nagar. Brief facts of the case relevant for the purpose of disposal of this petition are that on 23.12.2022, on the bas accused Anil Singh was apprehended by a police party headed by SI Gurmej Singh and recovery of 03 kgs. of He was formally arrested at the spot. During interrogation, the above named accused disclosed that he had purchased the recovered present petitioner. On the basis of the same, the present petitioner has also en nominated in this case as an accused. Apprehending his arrest, the petitioner had filed an application for grant of anticipatory bail before the IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12714-2025 (O&M) Date of decision: 22.04.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Davneet Sangwan, Advocate Mr. Apoorv Garg, Senior DAG, Haryana. This petition has been filed by the petitioner under Section 482 tiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in case , registered under Section 20-B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Yamuna Nagar Sadar, District Yamuna Nagar. Brief facts of the case relevant for the purpose of disposal of this on the basis of a secret information, accused Anil Singh was apprehended by a police party headed by SI 03 kgs. of Ganja patti was effected from him. He was formally arrested at the spot. During interrogation, the above named accused disclosed that he had purchased the recovered contraband from the On the basis of the same, the present petitioner has also en nominated in this case as an accused. Apprehending his arrest, the petitioner had filed an application for grant of anticipatory bail before the -1- 2025 (O&M) 22.04.2025 ...Petitioner ...Respondent 482 of bail in case of the (for short ‘NDPS Brief facts of the case relevant for the purpose of disposal of this is of a secret information, accused Anil Singh was apprehended by a police party headed by SI was effected from him. He was formally arrested at the spot. During interrogation, the above named contraband from the On the basis of the same, the present petitioner has also en nominated in this case as an accused. Apprehending his arrest, the petitioner had filed an application for grant of anticipatory bail before the MOHAMMAD WASEEM ANSARI 2025.04.23 10:30 I attest to the accuracy and integrity of this document CRM-M-12714 Court of learned Additional Sessions Judge, been dismissed, vide order dated 3. has been falsely implicated in this case. He has been nominated in this case on the basis of the disclosure statement suffered by the above named co which is not ad he is not involved in any other such or similar case. More so, the alleged recovery of the contraband effected from the co commercial quantity. The petitioner is read recovery is to be effected from him. No useful purpose would be served by detaining him into custody. It is, therefore, urged that the petition deserves to be allowed. 4. therein and learned though the petitioner has been nominated in this case on the basis of the disclosure statement suffered by the co investigation, his com sold the recovered contraband to the co the petitioner is required is, thus, argued that the petition is lia 5. and have also perused the material placed on record. 6. disclosure statement suffered by co 12714-2025 (O&M) Court of learned Additional Sessions Judge, been dismissed, vide order dated 28.02.2025. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. He has been nominated in this case on the basis of the disclosure statement suffered by the above named co which is not admissible in evidence. The petitioner has clean antecedents as he is not involved in any other such or similar case. More so, the alleged recovery of the contraband effected from the co commercial quantity. The petitioner is read recovery is to be effected from him. No useful purpose would be served by detaining him into custody. It is, therefore, urged that the petition deserves to be allowed. Reply has been filed by the respondent therein and learned Senior Deputy Advocate General, Haryana has argued that though the petitioner has been nominated in this case on the basis of the disclosure statement suffered by the co- investigation, his complicity in the subject crime has been established. He had sold the recovered contraband to the co- the petitioner is required for conducting proper investigation in the matter. is, thus, argued that the petition is liable to be dismissed. I have heard 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 statement suffered by co- Court of learned Additional Sessions Judge, Yamuna Nagar but the same had 8.02.2025. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. He has been nominated in this case on the basis of the disclosure statement suffered by the above named co-accused, missible in evidence. The petitioner has clean antecedents as he is not involved in any other such or similar case. More so, the alleged recovery of the contraband effected from the co-accused does not fall under commercial quantity. The petitioner is ready to join the investigation. No recovery is to be effected from him. No useful purpose would be served by detaining him into custody. It is, therefore, urged that the petition deserves to Reply has been filed by the respondent-State. It is submitted Senior Deputy Advocate General, Haryana has argued that though the petitioner has been nominated in this case on the basis of the -accused but during the course of plicity in the subject crime has been established. He had -accused. Custodial interrogation of for conducting proper investigation in the matter. ble to be dismissed. 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 Anil Singh, who was -2- but the same had Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. He has been nominated in this case on accused, missible in evidence. The petitioner has clean antecedents as he is not involved in any other such or similar case. More so, the alleged accused does not fall under y to join the investigation. No recovery is to be effected from him. No useful purpose would be served by detaining him into custody. It is, therefore, urged that the petition deserves to submitted Senior Deputy Advocate General, Haryana has argued that though the petitioner has been nominated in this case on the basis of the accused but during the course of plicity in the subject crime has been established. He had ustodial interrogation of for conducting proper investigation in the matter. It learned counsel for the parties at considerable length The petitioner has been nominated in this case on the basis of the used Anil Singh, who was MOHAMMAD WASEEM ANSARI 2025.04.23 10:30 I attest to the accuracy and integrity of this document CRM-M-12714 apprehended b 03 kgs. of that he had sold/supplied the recovered contraband to the co However, connect the petitioner with the subject crime, except the aforesaid disclosure statement. He is not even shown to be involved in any other case of similar nature. In view thereof, I am interrogation of the petitioner is not required. Accordingly, the present petition is allowed. the compliance of conditions envisaged under directed to appear before the Investigating/Arresting Officer to join investigation within subsequently required thereafter. In the event of his arrest, the Investigating/Arresting Officer shall release the petitioner on bail subject to his/her satisfaction. 7. for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 22.04.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 12714-2025 (O&M) apprehended by the police party on 23.12.202 03 kgs. of Ganja patti was effected. The allegations against the petitioner are that he had sold/supplied the recovered contraband to the co a perusal of the reply would reveal that there is nothing on record to connect the petitioner with the subject crime, except the aforesaid disclosure statement. He is not even shown to be involved in any other case of similar In view thereof, I am of the considered opinion that the custodial interrogation of the petitioner is not required. Accordingly, the present petition is allowed. The petitioner is granted concession of anticipatory bail, subject to the compliance of conditions envisaged under directed to appear before the Investigating/Arresting Officer to join investigation within a period of ten days from today subsequently required thereafter. In the event of his arrest, the Investigating/Arresting Officer shall release the petitioner on bail subject to his/her satisfaction. It is made clear that any observation made herein above is only the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 22.04.2025 Whether speaking/reasoned Whether reportable y the police party on 23.12.2022 and from whom, recovery of was effected. The allegations against the petitioner are that he had sold/supplied the recovered contraband to the co-accused. a perusal of the reply would reveal that there is nothing on record to connect the petitioner with the subject crime, except the aforesaid disclosure statement. He is not even shown to be involved in any other case of similar of the considered opinion that the custodial interrogation of the petitioner is not required. Accordingly, the present petition The petitioner is granted concession of anticipatory bail, subject to the compliance of conditions envisaged under Section 482(2) of BNSS. He is directed to appear before the Investigating/Arresting Officer to join a period of ten days from today or as and when subsequently required thereafter. In the event of his arrest, the Investigating/Arresting Officer shall release the petitioner on bail subject to It is made clear that any observation made herein above is only the purpose of deciding the present petition and the same shall have no (MANISHA BATRA) JUDGE Yes/No Yes/No -3- and from whom, recovery of was effected. The allegations against the petitioner are accused. a perusal of the reply would reveal that there is nothing on record to connect the petitioner with the subject crime, except the aforesaid disclosure statement. He is not even shown to be involved in any other case of similar of the considered opinion that the custodial interrogation of the petitioner is not required. Accordingly, the present petition The petitioner is granted concession of anticipatory bail, subject to Section 482(2) of BNSS. He is directed to appear before the Investigating/Arresting Officer to join or as and when subsequently required thereafter. In the event of his arrest, the Investigating/Arresting Officer shall release the petitioner on bail subject to It is made clear that any observation made herein above is only the purpose of deciding the present petition and the same shall have no (MANISHA BATRA) MOHAMMAD WASEEM ANSARI 2025.04.23 10:30 I attest to the accuracy and integrity of this document