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2025 DAILYLAW 48170 (PNJ)

SHYAM SINGH v. STATE OF HARYANA

CRM-M/22144/2025 · 2025-07-23

Manisha Batra

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Judgment text

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CRM-M-22144 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND Shyam Singh State of Haryana CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 bearing FIR No. 27A and 29 short ‘NDPS Act’) 2. petition are that Amarjit Singh and Raghbir Singh, while coming in a truck bearing registration number PB 56 kgs. of poppy husk and 440 grams of opium was effected from the said truck. Both of them were formally arrested at the spot. Upon interrogation, co accused Amarjit Singh disclosed that the recovered contraband was supplied to them by the present petitioner and the same was to be supplied to one Nachhattar Singh. On the basis 22144-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Shyam Singh Versus Haryana CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Manvinder Sidhu, Advocate for the petitioner. Mr. Neeraj Poswal, AAG, Haryana. MANISHA BATRA, J. The instant petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023 bearing FIR No. 531 dated 04.10.2024, registered under Section 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 short ‘NDPS Act’) at Police Station Thanesar Sadar, District Kurukshetra. Brief facts of the case relevant for the purpose of disposal of this petition are that on 04.10.2024, on the basis of Amarjit Singh and Raghbir Singh, while coming in a truck bearing registration number PB-11-BY-4028, were apprehended by a police party and recovery of 56 kgs. of poppy husk and 440 grams of opium was effected from the said ruck. Both of them were formally arrested at the spot. Upon interrogation, co accused Amarjit Singh disclosed that the recovered contraband was supplied to them by the present petitioner and the same was to be supplied to one Nachhattar Singh. On the basis of the said disclosure statement, the petitioner IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22144-2025 (O&M) Reserved on : 18.07.2025 Pronounced on : 23.07.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Manvinder Sidhu, Advocate Mr. Neeraj Poswal, AAG, Haryana. petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail in case , registered under Sections 15C, 18C, Narcotic Drugs and Psychotropic Substances Act, 1985 Thanesar Sadar, District Kurukshetra. Brief facts of the case relevant for the purpose of disposal of this on the basis of secret information, co-accused Amarjit Singh and Raghbir Singh, while coming in a truck bearing registration 4028, were apprehended by a police party and recovery of 56 kgs. of poppy husk and 440 grams of opium was effected from the said ruck. Both of them were formally arrested at the spot. Upon interrogation, co accused Amarjit Singh disclosed that the recovered contraband was supplied to them by the present petitioner and the same was to be supplied to one of the said disclosure statement, the petitioner -1- 2025 (O&M) Reserved on : 18.07.2025 Pronounced on : 23.07.2025 ...Petitioner ...Respondent petition has been filed by the petitioner under Section seeking regular bail in case s 15C, 18C, Narcotic Drugs and Psychotropic Substances Act, 1985 (for Thanesar Sadar, District Kurukshetra. Brief facts of the case relevant for the purpose of disposal of this accused Amarjit Singh and Raghbir Singh, while coming in a truck bearing registration 4028, were apprehended by a police party and recovery of 56 kgs. of poppy husk and 440 grams of opium was effected from the said ruck. Both of them were formally arrested at the spot. Upon interrogation, co- accused Amarjit Singh disclosed that the recovered contraband was supplied to them by the present petitioner and the same was to be supplied to one of the said disclosure statement, the petitioner MOHAMMAD WASEEM ANSARI 2025.07.24 10:32 I attest to the accuracy and integrity of this document CRM-M-22144 was nominated in this case as an accused and was arrested on his instance, recovery of drug money of Rs.10,000/ completion of necessary investigation and usual formalities, presented the co-accused had moved an applicati Court but the same had been dismissed, vide order 12.03.2025. 3. has been falsely implicated in this case. was found at the spot. disclosure statement suffered by co admissible in evidence. effected from the peti any other case. has been filed. Conclusion of trial is likely to take time. The petitioner is in custody since in custody anymore. allowed and the petitioner deserves to be released on regular bail. 4. submitted therein and learned argued that keeping in view the gravity of the allegations, the petitioner is entitled to get benefit of bail. dismissed. 5. and have also gone through the record carefully. 22144-2025 (O&M) was nominated in this case as an accused and was arrested on his instance, recovery of drug money of Rs.10,000/ completion of necessary investigation and usual formalities, in the Court on 25.02.2025 and presently, the petitioner accused is facing trial for commission of afore had moved an application for grant of regular bail before the learned trial Court but the same had been dismissed, vide order 12.03.2025. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. He was neither named in th was found at the spot. He has been nominated in this case on the basis of the disclosure statement suffered by co-accused Amarjit Singh, which is not admissible in evidence. No subsequent recovery of any contraband has been effected from the petitioner. He has clean antecedents and is not involved in any other case. Even otherwise, investigation stands completed and has been filed. Conclusion of trial is likely to take time. The petitioner is in custody since 09.10.2024. No useful purpose would be served by keeping him in custody anymore. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be released on regular bail. Status report has been filed by the respondent submitted therein and learned Assistant Advocate General, Haryana has argued that keeping in view the gravity of the allegations, the petitioner is entitled to get benefit of bail. Hence, it is urged that dismissed. I have heard learned counsel for the parties at considerable and have also gone through the record carefully. was nominated in this case as an accused and was arrested on 09.10.2024. At his instance, recovery of drug money of Rs.10,000/- was effected. After completion of necessary investigation and usual formalities, challan and presently, the petitioner along with ial for commission of aforementioned offences. on for grant of regular bail before the learned trial Court but the same had been dismissed, vide order 12.03.2025. Learned counsel for the petitioner has argued that the petitioner He was neither named in the FIR nor He has been nominated in this case on the basis of the accused Amarjit Singh, which is not No subsequent recovery of any contraband has been has clean antecedents and is not involved in Even otherwise, investigation stands completed and challan has been filed. Conclusion of trial is likely to take time. The petitioner is in No useful purpose would be served by keeping him Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be released on regular bail. Status report has been filed by the respondent-State. It i Assistant Advocate General, Haryana has argued that keeping in view the gravity of the allegations, the petitioner is Hence, it is urged that the petition is liable to be have heard learned counsel for the parties at considerable length and have also gone through the record carefully. -2- .10.2024. At After was along with . He on for grant of regular bail before the learned trial Learned counsel for the petitioner has argued that the petitioner e FIR nor He has been nominated in this case on the basis of the accused Amarjit Singh, which is not No subsequent recovery of any contraband has been has clean antecedents and is not involved in challan has been filed. Conclusion of trial is likely to take time. The petitioner is in No useful purpose would be served by keeping him Therefore, it is urged that the petition deserves to be State. It is Assistant Advocate General, Haryana has argued that keeping in view the gravity of the allegations, the petitioner is ition is liable to be length MOHAMMAD WASEEM ANSARI 2025.07.24 10:32 I attest to the accuracy and integrity of this document CRM-M-22144 6. disclosure statement suffered by above named co was arrested on 09.10.202 recovered from him subsequent to his arrest. not involved in any other case. challan has been filed. However, no prosecution witness has been examined so far as even charges are yet to be framed, which means that conclusion of trial is likely to take time. and circumstances would be served by keeping the present petition regular bail, subject to of the trial Court/Duty Magistrate concerned. prosecution to apply for cancellation of bail in case the involved in any other subsequent case. 7. for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 23.07.2025 Waseem Ansari Whether speaking/r Whether reportable 22144-2025 (O&M) The petitioner has been nominated in this case on the basis of the disclosure statement suffered by above named co was arrested on 09.10.2024 but no contraband is shown to have been recovered from him subsequent to his arrest. not involved in any other case. Investigation has since been completed and has been filed. However, no prosecution witness has been examined so far as even charges are yet to be framed, which means that conclusion of trial is likely to take time. Therefore, keeping in view and circumstances, I am of the considered opinion that would be served by keeping the petitioner the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to her furnishing personal/surety bonds of the trial Court/Duty Magistrate concerned. prosecution to apply for cancellation of bail in case the involved in any other subsequent case. 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. .2025 Whether speaking/reasoned Whether reportable The petitioner has been nominated in this case on the basis of the disclosure statement suffered by above named co-accused Amarjit Singh. but no contraband is shown to have been recovered from him subsequent to his arrest. He has clean antecedents and is Investigation has since been completed and has been filed. However, no prosecution witness has been examined so far as even charges are yet to be framed, which means that conclusion of Therefore, keeping in view the aforementioned facts considered opinion that no useful purpose the petitioner in custody anymore. Accordingly, is allowed. The petitioner is ordered to be released on 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 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 (MANISHA BATRA) JUDGE Yes/No Yes/No -3- The petitioner has been nominated in this case on the basis of the accused Amarjit Singh. He but no contraband is shown to have been He has clean antecedents and is Investigation has since been completed and has been filed. However, no prosecution witness has been examined so far as even charges are yet to be framed, which means that conclusion of the aforementioned facts no useful purpose Accordingly, is allowed. The petitioner is ordered to be released on to the satisfaction However, it will be open for the is found 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 MOHAMMAD WASEEM ANSARI 2025.07.24 10:32 I attest to the accuracy and integrity of this document