Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 5038 (PNJ)

KARAMCHAND SAHU v. UNION OF INDIA NARCOTICS CONTROL BUREAU, CHANDIGARH

CRM-M/65755/2025 · 2026-03-23

Manisha Batra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-65755 IN THE H KARAMCHAND UNION OF INDI 1 The date w 2 The date w 3 The date w 4 Whether on pronounced 5 The delay, and reasons CORAM: HON Present: Mr. Mr. Mr. V For re MANISHA BATR 1. The 483 of Bharatiya N of regular bail registered under S Substances Act, 19 2. As p received that one 5755-2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH AND SAHU Versus INDIA NARCOTICS CONTROL ate when the judgment is reserved ate when the judgment is pronounced ate when the judgment is uploaded on ther only operative part of the judgmen ounced or whether the full judgment is elay, if any, of the pronouncement of easons thereof. HON'BLE MRS. JUSTICE MANIS r. D.S. Virk, Advocate for the petiti Mr. Rajiv Sharma, Special Public Pro Mr. Vinayak Attri and Ms. Indu Bala For respondent-NCB (Union of India) ****  BATRA, J. (ORAL) The instant petition has been filed atiya Nagarik Suraksha Sanhita, 2023 ail in case arising out of NCB C nder Sections 8, 18B, 29 and 60 of Na Act, 1985 at Police Station NCB, Chan As per the allegations on 15.01.20 one Amanpreet Singh was comin JAB AND HARYANA AT ARH CRM-M-65755-2025 (O&M) ... Petitioner L BUREAU CHANDIGARH ...Respondent 19.03.2026 unced 23.03.2026 ded on the website 23.03.2026 dgment is ent is pronounced Full ent of full judgment Not applicable ANISHA BATRA  e petitioner lic Prosecutor with u Bala Sharma, Advocates India) by the petitioner under Section , 2023 (for short “BNSS”) for grant CB Crime No.2 dated 15.01.2024 of Narcotic Drugs and Psychotropic , Chandigarh. .01.2024, a secret information was coming from Jharkhand with huge M) dent ction grant 2024 ropic was huge AMIT SHARMA 2026.03.23 16:10 I attest to the accuracy and integrity of this order/judgment. CRM-M-65755 consignment of o Registration No.P Toll Plaza, Ambal aforementioned The driver of the opium weighing 3 possession. The the effect that he Sonu Sahu @ Son on 11.01.2024. H accused for withdr the co-accused R disclosure stateme a sum of Rs.8-9 la details of the co suffered another d Sahu i.e. the petiti involved in some warrants and he statement admittin KG opium, 08 Kg purchase opium f through his brothe various properties 5755-2025 (O&M) 2 t of opium, that he was travelling No.PB-91R-9479, going to Ludhian Ambala and he could be apprehended car was intercepted, when it rea of the car disclosed his name as Am hing 38.080 KGs, were found kept in The accused Amanpreet Singh suff at he used to purchase contraband f @ Sonu and the recovered contraband 24. He disclosed that even his deb withdrawing payments for sale of con sed Rammohan Sahu was arrested tatement admitting his involvement in 9 lakhs from the co-accused Amanp e co-accused were also procured. T ther disclosure statement to the effec petitioner was also involved in drug t some other case and his presence was he was formally arrested on 26.10. mitting his involvement in the crime. 08 Kg was arranged by him. He fur ium from the farmers engaged in i brother Ram Mohan Sahu and co-acc perties and vehicles which were earn velling in Kia Seltos Car bearing udhiana and was to cross Shambhu ended, if a barricade was laid. The it reached at Shambhu Toll Plaza. s Amanpreet Singh. 37 packets of ept in the car which was taken into h suffered a disclosure statement to band from one Rammohan Sahu @ raband was also purchased from him is debit card was given to the co- of contraband. Upon his disclosure, rested on 01.02.2024. He suffered ent in the crime and about receipt of Amanpreet Singh. The bank account red. The accused Rammohan Sahu e effect that his brother Karamchan drug trafficking. The petitioner was e was secured by way of production 26.10.2024. He suffered disclosure crime. Out of the recovered 38.080 He further disclosed that he used to d in illegal cultivation and operate accused Sanjay Sahu. He owned e earned from the business of drug aring bhu The laza. ts of into to u @ him - sure, d pt of ount Sahu chan was ction sure .080 ed to erate ned drug AMIT SHARMA 2026.03.23 16:10 I attest to the accuracy and integrity of this order/judgment. CRM-M-65755 trafficking. Some petitioner is presen of the aforementio 3. It is a falsely implicated accused which ca custody since lon further incarcerati other cases canno him. Moreover, h Court. The co-ac too deserves to be deserves to be exte 4. Per c are serious and sp the supplier of the business of drug tr of NDPS Act are similar offences o at a proper pace s are call detail reco co-accused Aman that the petition do 5755-2025 (O&M) 3 Some other co-accused were also presently facing trial before the learn mentioned offences. It is argued by learned counsel for t licated in this case on the basis of di ich cannot be considered to be admi ce long. The trial will take conside rceration would not serve any useful cannot be considered to be a reason over, he has been granted regular ba accused has already been extended s to be extended the same benefit. be extended benefit of bail. Per contra, learned Special Public Pr and specific allegations against the pe of the contraband. He and his family drug trafficking. He is a habitual offen ct are attracted in this case. There a nces or absconding, if extended benefi pace since 04 out of 24 witnesses alr il records showing that the petitioner w Amanpreet Singh and used to talk to tion does not deserve to be allowed. also arrested subsequently. The learned Trial Court for commission l for the petitioner that he has been s of disclosure statement of the co- e admissible in evidence. He is in onsiderable time to conclude. His useful purpose. His involvement in eason for denying benefit of bail to lar bail in 02 other cases from this tended benefit of bail. On parity, he efit. It is, therefore, argued that he blic Prosecutor has argued that there the petitioner. He was also one of family members are involved in the l offender. Provisions of Section 37 here are chances of his committing enefit of bail. The trial is going on ses already stands examined. There ioner was in continuous touch of the talk to him. It is, therefore, argued The ssion been - is in His nt in il to this y, he at he there e of n the n 37 itting g on here f the gued AMIT SHARMA 2026.03.23 16:10 I attest to the accuracy and integrity of this order/judgment. CRM-M-65755 5. This C for both the parties 6. The p disclosure statem Amanpreet from w petitioner. Variou accused Ram Moh allegations, the pe quantity of contrab recovery has been make out a case commission of th However, the petit months now and o far. The trial w incarceration of th right guaranteed u for the contention has been linked w Tofan Singh Vs. Hon’ble Apex Co NDPS Act, are in material. While th will be tested dur 5755-2025 (O&M) 4 This Court has heard the rival submis parties at considerable length. The petitioner has been nominated in statement of the co-accused Ram from whom recovery of contraband w Various call details have been exchan Mohan Sahu, Amanpreet Singh and the petitioner was also a supplier of contraband had been recovered from t s been effected from the petitioner. a case of complicity of the petitio of the subject offences by supplying e petitioner has been in custody for a and only 04 out of 24 prosecution wit trial will take considerable time to n of the petitioner militates against h teed under Article 21 of the Constituti ention that he may abscond, if extende ked with the allegations on the basis o Vs. State of Tamil Nadu, (2021) ex Court that the disclosure statemen are inadmissible in evidence unless hile the veracity of the disclosure st ed during the course of trial, howev ubmissions made by learned counsel ated in this case on the basis of 2nd Ram Mohan Sahu. Co-accused band was effected did not name the exchanged between him and the co- gh and Bhagwant Singh. As per the lier of the contraband. Commercial from the co-accused though no such ioner. The allegations prima facie petitioner with the co-accused in ing the contraband to the latter. for a period of over 02 years and 04 ion witnesses have been examined so ime to conclude. The prolonged ainst his most precious fundamental nstitution of India. There is no basis xtended benefit of bail. Moreso, he basis of disclosure of co-accused. In 21) 4 SCC 1, it was observed by atements made under Section 67 of unless corroborated by independent ure statement against the petitioner however, at this stage, it cannot be unsel nd used e the - r the rcial such cie d in atter. d 04 ed so nged ental basis o, he . In d by 7 of dent ioner t be AMIT SHARMA 2026.03.23 16:10 I attest to the accuracy and integrity of this order/judgment. CRM-M-65755 ignored that no re was arrested on 26 the petitioner eith with the co-accuse completed. The co Court. Keeping in incarceration and case and keeping i pre-trial incarcerat Court is of the op any fruitful purpo ordered to be relea bonds to the ext Court/Chief Judici conditions:- (i) ind fac ma (ii) circ (iii hea 5755-2025 (O&M) 5 t no recovery has been effected from on 26.10.2024. There is nothing on r either with the subject crime or to accused in any manner at the relevan The co-accused have already been gra ing in view the aforesaid facts and n and the above discussed facts and ci eping in view the well settled propositi arceration should not be a replica of p the opinion that further detention of t purpose. Accordingly, the petition is e released on bail subject to his furnis e extent of two sureties to the sat Judicial Magistrate/Duty Magistrate c (i) The petitioner shall not dire inducement, threat or promise to a facts of the case or tamper with th manner whatsoever. (ii) The petitioner shall not le circumstance without permission of (iii) The petitioner shall appear b hearing. from the petitioner. The petitioner g on record, at this stage, to connect or to show that he was connected elevant time. Investigation has been en granted concession of bail by this s and circumstances, his prolonged and circumstances as peculiar to the oposition of law to the effect that the f post-conviction sentencing, this on of the petitioner would not serve ition is allowed and the petitioner is furnishing personal as well as surety he satisfaction of the learned trial trate concerned and on the following t directly or indirectly make any se to any person acquainted with the with the evidence of the case in any not leave the country under any sion of the learned trial Court. pear before each and every date of ioner nect ected been this nged o the t the , this serve er is urety trial wing any h the any any te of AMIT SHARMA 2026.03.23 16:10 I attest to the accuracy and integrity of this order/judgment. CRM-M-65755 (iv) pre furn info (v) Car lea any info sha (vi) lea 7. In th conditions, the re seeking cancellatio 8. It is m the purpose of dec on the merits of th 9. Since any, is rendered in 23 .03.2026 Amit Sharma 5755-2025 (O&M) 6 (iv) The petitioner shall provide his present address before the learne furnishing of bonds and shall n informing the trial Court. (v) The petitioner shall also give c Card if any and details of his mo learned trial Court at the time of fu any change in his mobile phone nu inform about the same to the learn shall keep his mobile phone switch (vi) The petitioner shall deposit h learned trial Court. In the eventuality of breach of the respondent-State shall be at lib cellation of the bail. It is made clear that any observation of deciding the present petition and t s of the case. Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes    ide his permanent address as well as learned trial Court at the time of hall not change the same without give copy of his Aadhar Card, PAN his mobile phone number(s) to the e of furnishing of bonds and in case, ne number takes place, then he shall e learned trial Court in advance and switch on all times. posit his passport, if any, with the h of any of the aforementioned at liberty to move an application vation made herein above is only for and the same shall have no bearing allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No  ell as e of thout PAN the case, shall and the oned ation y for aring n, if AMIT SHARMA 2026.03.23 16:10 I attest to the accuracy and integrity of this order/judgment.