IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 208 CRM-M-67423-2025 (O&M) Date of decision: 14.01.2026 Prahlad @ Munna @ Prahlad Jat ...Petitioner(s) VERSUS State of Haryana ...Respondent(s) CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Vikas Bishnoi, Advocate for the petitioner. Ms. Chhavi Sharma, AAG Haryana. ***** VINOD S. BHARDWAJ, J. (Oral) 1. The present petition has been filed for grant of anticipatory bail to the petitioner in case bearing FIR No.369 dated 15.08.2024 registered under Section(s) 15(c) (Section 29, 27-A added later on) of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station City Fatehabad, District Fatehabad. 2. FIR in the present case was registered on a secret information, which reads thus:- “To, The SHO Police Station Fatehabad. Jai Hind. Today 1, ASI was present at AVT staff then one secret informer come to me and said that Rahish son of Devi Lal son of Mani Ram resident of Bhattu Kalan and Ravi Kumar son of Phusa Ram son of Nand Lal resident of Mehuwala are indulging in sale of narcotic substance (Poppy husk) and they are coming from Hisar to Fatehabad on their Trailer bearing no HR-46C-9284 MANGAL SINGH 2026.01.20 19:37 I am the author of this document 2 208 CRM-M-67423-2025 (O&M) with large quantity of poppy husk from Rajasthan. If the barricading is done then both can be apprehended along with Trailer and with large quantity of poppy husk. As the information was credible and reliable then notice under section 42 NDPS was prepared. 1. ASI along with ASI Rajesh Kumar no. 09, EASI Devender Singh no, 935, HC Jaidev no. 14, HC Jyoti Prashad no. 194, ЕНС Kashmir Singh no. 471 in Government vehicle bearing number HR 22 GV 7822 driven by HGH Pradeep Kumar no. 1985 along with laptop and printer left for barricading near Police Lines, Fatehabad. Report of Notice under section 42 NDPS Act was registered under Roznamcha and Higher Officials are also intimated. 1, ASI along with fellow employees reached at Hisar Road near Police Lines, Fatehabad and set up tight barricading and after some time one trailer was seen which was coming from the side of Hisar. 1, ASI with the help of torch gave him signal to stop then driver of trailer and conductor of trailer came near and on seeing Police Party standing in front, stopped trailer at short distance to the barricading and got down and started running then I, ASI with the help of fellow employee caught both of them and asked their name and address then the person who ran from the driver side told his name as Rahish son of Devi Lal son of Mani Ram resident of Bhattu Kalan and the person who ran from the conductor side told his name as Ravi Kumar son MANGAL SINGH 2026.01.20 19:37 I am the author of this document 3 208 CRM-M-67423-2025 (O&M) of Phusa Ram son of Nand Lal resident of Mehuwala. Then 1, ASI gave notice under section 50 NDPS Act to firstly to the Rahish from among arrested persons for having suspicion that they have narcotic substance and in their trailer bearing no. HR 46C-9284 that I, ASI Rishpal Singh 131/FT AVT Staff Fatehabad intimated via notice to you trailer driver Rahish son of Devi Lal son of Mani Ram resident of Bhattu Kalan. That I have suspicion that you have narcotics substance with you and in your trailer bearing no.HR46C-9284. Search of you and your trailer is necessarily required and you have legal right that if you want you and your Trailer to be searched in the presence of Gazetted Officer or a Magistrate then he can be called on the spot or you and your Trailer can be produced before them for search. He was asked to clear his position. Notice under section 50 NDPS Act was prepared as per law. After thinking for a while Rahish gave his reply to Notice 50 NDPS Act and recorded his statement that I want a Gazetted officer to be called on the spot for searching me and my trailer. That the Gazetted officer to be called on the spot for search. In same way, 2nd arrested person Ravi Kamar was also given a notice under section 50 NDPS Act that I. ASI Rishpal Singh 131/FT AVT Staff Fatehabad intimated via notice to you Conductor Ravi Kumar son of Phusa Ram son of Nand Lal that we have suspicion that you have narcotic substance with you and in MANGAL SINGH 2026.01.20 19:37 I am the author of this document 4 208 CRM-M-67423-2025 (O&M) your trailer bearing no. HR46C-9284. Search of You and your trailer search is necessarily require and you have legal right that if you want you and your Trailer to be searched in the presence of Gazetted Officer or a Magistrate then he can be called on the spot or you and your Trailer can be produced before them for search. He was asked to clear his position. Notice under section 50 NDPS Act prepared as per law. After thinking for a while Ravi Kumar gave his statement that I. Ravi Kumar son of Phusa Ram son of Nand Ram resident of Mehuwala, have read, heard and understood notice under section 50 NDPS Act given by you and I want a Gazetted officer to be called on the spot for searching me and my trailer bearing no. HR46C-9284. That the Gazetted officer to be called on the spot for search. Different notice and reply was prepared for different persons as per law. Both persons and witnesses signed on notice and on reply also. After notice, for further investigation, I from my personal mobile phone 94164-89734 at 11.55 PM made a phone call to mobile phone no. 95828-55555 of Gazetted Officer Shri. Love Kumar ETO Fatehabad and intimated about the situation and requested to come to the spot after some wait at 01.10 AM Sh. Love Kumar reached on the spot. Then I. ASI for videography of investigation handed over my mobile phone to EHC Kashmir Singh and appointed him for videography. The video clip of investigation is transferred into MANGAL SINGH 2026.01.20 19:37 I am the author of this document 5 208 CRM-M-67423-2025 (O&M) pen-drive and attached with the file. Then 1. ASI presented the arrested persons and Notice along with reply before ETO. Then ETO go through notice and reply and gave his introduction to Rahish and to Ravi Kumar and directed me to conduct the search of both arrested persons and their trailer bearing no. HR46C9284 in my presence. 1, ASI tried to join passer-by then passer-by Gurdev Singh resident of Bighad Road Fatehabad gave his consent to become independent witness. Then 1, ASI on the direction of ETO conducted a search of Rahish and Ravi Kumar but nothing was recovered. Then I, ASI conducted a search of the cabin of the trailer bearing no. HR46C-9284 of accused then one RC of trailer bearing no. HR46C9284 which is valid till 06.02.2021, E-billing of 5 pages as per the bill the trailer was loaded with the 25 ton of Talc Powder in plastic containers along with two board files and one weighing scale, computerized slip of Saloni Trailer's weighing were recovered. Then I, ASI with the help of fellow employees removed the plastic sheet and conducted the search then 16 containers of black colour were found under the plastic sheet. Then these containers were put down and opened and were checked then poppy husk was recovered from the containers. Then the recovered poppy husk from the first black coloured container was marked with Pl and measure weight on an electronic weighing machine and it was found 24.110 kilograms. In this MANGAL SINGH 2026.01.20 19:37 I am the author of this document 6 208 CRM-M-67423-2025 (O&M) same way 2nd black coloured plastic container marked with P- 2 and after weighing it was found 24.150 kilograms, 3rd black coloured plastic container marked with P-3 and after weighing it was found 24.380 kilograms. 4th Black coloured plastic container marked with P-4 and after weighing it was found 24.190 kilograms. \mathcal{S} ^ (th) black coloured plastic container marked with P-5 and after weighing it was found 24.210 kilograms. 6th black coloured plastic container marked with P-6 and after weighing it was found 24.100 kilograms. 7th black coloured plastic container marked with P-7 and after weighing it was found 24.350 kilograms. 8th black coloured plastic container marked with P-8 and after weighing it was found 24.100 kilograms. 9th black coloured plastic container marked with P-9 and after weighing it was found 24.130 kilograms. 10th black coloured plastic container marked with P-10 and after weighing it was found 24.200 kilograms. 11th black coloured plastic container marked with P-11 and after weighing it was found 24.190 kilograms. 12th black coloured plastic container marked with P-12 and after weighing it was found 24.140 kilograms. 13th black coloured plastic container marked with P-13 and after weighing it was found 24.160 kilograms. 14th black coloured plastic container marked with P-14 and after weighing it was found 24.220 kilograms. 15th black coloured plastic container marked with P-3 and after MANGAL SINGH 2026.01.20 19:37 I am the author of this document 7 208 CRM-M-67423-2025 (O&M) weighing it was found 24.400 kilograms. 16th black coloured plastic container marked with P-3 and after weighing it was found 15.310 kilograms along with plastic container. The parcel was prepared of all the recovered containers marked with P-1 to P-16 which was sealed with my stamp initials RS/3 and sample seal was prepared. All parcels of poppy husk were also sealed by ETO with his stamp initials LK/1 and prepared sample seal. All the parcels of recovered poppy husk in containers along with the seal were verified by ETO. All sealed parcels along with sample stamp and one RC of trailer bearing no. HR46C-9284 which is valid till 06.02.2021, E-billing of 5 pages as per the bill the trailer was loaded with the 25 ton of Tale Powder in plastic containers along with two board files and one weighing scale computerised slip of Saloni Trailer weighing along with trailer bearing no. HR46C-9284, E-billing pages as per the bill the trailer was loaded with the 25 ton of Tale Powder in plastic containers were taken into the police custody as evidences by property seizure memo. After using the stamp it was handed over to SI Jaidev 14/FTB. ETO after using his stamp kept with himself. Since accused Rahish and Ravi Kumar were having 377.980 kilograms of poppy husk in 16 plastic containers in their possession so, they have committed offence under section 15C-61-85 NDPS act. On which complaint is written and for registration of FIR is manually MANGAL SINGH 2026.01.20 19:37 I am the author of this document 8 208 CRM-M-67423-2025 (O&M) sent through EASI Devender Singh no. 935. After the registration of FIR, FIR number will be issued. And special reports should be prepared and sent to the Area Magistrate and to the Higher Officials. Other investigation team should be sent on the spot. I. ASI along with fellow employees along with accused and case property is waiting on spot. Today at Hisar Road near Police lines. Fatehabad SD/ ASI Rishpal Singh no 131/FTB. AVT Staff Fatehabad. Dated 15.08.2024. Time 04:30 AM Mobile no. 94164-89734. Today at Police Station: on receiving the written complaint the FIR is registered under the said offences. For further investigation ASI Kashmir Singh no. 22 Police Station City Fatehabad is sent to the spot. Copy of FIR is prepared on computer. Copy of FIR along with the original complaint is being manually through EASI to the concern I/O. Special report is prepared and being sent mamially through ESI Satpal Singh 593 to the Area Magistrate and to the higher Officials. The concerned Police Station is intimated via telephone about the situation.” 3. Learned counsel appearing on behalf of the petitioner contends that a recovery of 377 kilogram 980 grams of poppy husk has already been effected from the co-accused/Rahish and Ravi Kumar. He contends that the petitioner was implicated in the present case solely on second disclosure of co-accused/Suresh @ Fauji, who himself had been nominated as an accused on the disclosure of co-accused/Ravi Kumar. He contends that there is no MANGAL SINGH 2026.01.20 19:37 I am the author of this document 9 208 CRM-M-67423-2025 (O&M) material on record to link the petitioner with the above offence and therefore, in the absence of any recovery or any other incriminating material attributable to the petitioner, his custodial interrogation is wholly unwarranted. 4. Learned State counsel, on instructions from the Investigating Officer, submits that pursuant to receipt of the secret information, a nakabandi was set up whereupon the truck bearing registration No.HR-46C- 9284 was intercepted. The co-accused, namely Rahish and Ravi Kumar, were apprehended at the spot and recovery of a huge quantity of 377 kilogram 980 grams of poppy husk was effected from the said truck. On 15.08.2024, a disclosure was made by co-accused/Rahish to the effect that he had been contacted by one Suresh @ Fauji, who instructed him to procure and transport the contraband from Rajasthan assuring him a consideration of ₹1,00,000/- for such transportation. Co-accused/Ravi Kumar is also stated to have made a similar disclosure. On the basis of aforesaid disclosure statements of the co-accused, Suresh Kumar @ Fauji was arrested on 27.06.2025. Upon his arrest, Suresh @ Fauji recorded his disclosure statement to the effect that he had met Munna Jat (petitioner herein) who informed him that the liquor trade had become less profitable and offered to supply poppy husk at comparatively cheaper rates for further sale. The sale price was agreed @ Rs.1800/- per kg. Pursuant thereto, Suresh @ Fauji transferred the money to the said supplier i.e. the petitioner herein and 377 kg. of poppy husk was loaded by him onto the truck in question. The details of the transaction have been specifically delineated in the disclosure MANGAL SINGH 2026.01.20 19:37 I am the author of this document 10 208 CRM-M-67423-2025 (O&M) statement made by Suresh @ Fauji. 5. Having heard counsel for the parties and on having gone through the documents available on record, it is evident that even though the name of the petitioner cropped up in the second disclosure made by co- accused Suresh @ Fauji, however, it is not a case where the link of the petitioner with the offence is not prima facie established. The record reflects specific details of monetary transactions inter se between Suresh @ Fauji and the petitioner herein, which stand prima facie corroborated by other ancillary material collected during investigation, including the identification of the place from where the contraband was loaded. The circumstances of the case, taken cumulatively, indicate at the involvement of the petitioner in the illicit trade. It cannot be lost sight that offences relating to narcotic substances have been increasingly perpetrated through an organised network operating in multiple layers. In such cases, it may not always be possible to establish a direct and complete nexus at the initial stage, however, once the supplementary and circumstantial evidence prima facie indicate and reflect participation of an accused in commission of an offence, the presumption of false implication would not be readily drawn. Investigation into offences of this nature necessarily requires an in-depth inquiry. Grant of interim protection of anticipatory bail, at this stage, would have the effect of impeding such investigation and may prevent the investigating agency from effectively unearthing the complete chain of events and the extent of involvement of the accused. 6. The circumstances of the case do not make out a prima facie MANGAL SINGH 2026.01.20 19:37 I am the author of this document 11 208 CRM-M-67423-2025 (O&M) case wherein the involvement of the petitioner may be assumed to be beyond suspicion. There exist corroborative material prima facie linking the petitioner with the offence which is grave in nature and pertains to recovery of a huge commercial quantity of poppy husk. In view of the seriousness of the allegations and the material collected so far, I am of the opinion that effective and conclusive investigation would necessitate custodial interrogation of the petitioner. 7. Consequently, the petitioner is not entitled to the discretionary relief sought. The petition is accordingly dismissed. (VINOD S. BHARDWAJ) 14.01.2026 JUDGE Mangal Singh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MANGAL SINGH 2026.01.20 19:37 I am the author of this document