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2025 DAILYLAW 6240 (PNJ)

NIKHLESH KUMAR v. STATE OF HARYANA

CRM-M/15759/2026 · 2026-03-23

Mandeep Pannu

body2025

Judgment text

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CRM-M-15759- 109 IN THE HIGH COURT OF PUNJAB AND HARYANA Nikhlesh Kumar State of Haryana CORAM : HON'BLE MS Present: Mr. Deepam Raghav, Advocate for the petitioner. MANDEEP PANNU J. 1. This is the first petition filed under Section 482 of BNSS/438 Cr.P.C for grant of anticipatory bail to the petitioner in FIR No.422, dated 01.12.2025, registered under Section 22(c) and 29 of NDPS Act, at Police Station Sadar Fatehabad, District Fatehaba 2. Briefly stated, the prosecution case is that on 01.12.2025, a police party headed by SI Jaiveer Singh, on the basis of secret information, apprehended co-accused Deepak Kumar Indoriya and Dinesh Kumar, and recovered 450 strips (each containing 08 c Hydrochloride, Tramadol Hydrochloride and Acetaminophen) weighing 1 kg 944 grams, in the presence of DSP Jagdish Kajla. 3. During investigation, the arrested co contraband had been purchased from co disclosed that he had procured the same from co co-accused Subhash, Ashish Swami -2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Decided on: Nikhlesh Kumar VERSUS Haryana HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Deepam Raghav, Advocate for the petitioner. -.- MANDEEP PANNU J. (Oral) This is the first petition filed under Section 482 of BNSS/438 Cr.P.C for grant of anticipatory bail to the petitioner in FIR No.422, dated 01.12.2025, registered under Section 22(c) and 29 of NDPS Act, at Police Station Sadar Fatehabad, District Fatehabad. Briefly stated, the prosecution case is that on 01.12.2025, a police party headed by SI Jaiveer Singh, on the basis of secret information, apprehended accused Deepak Kumar Indoriya and Dinesh Kumar, and recovered 450 strips (each containing 08 capsules, i.e. total 3600 capsules) of NRX (Dicyclomine Hydrochloride, Tramadol Hydrochloride and Acetaminophen) weighing 1 kg 944 grams, in the presence of DSP Jagdish Kajla. During investigation, the arrested co contraband had been purchased from co-accused Govind, who, upon arrest, further disclosed that he had procured the same from co accused Subhash, Ashish Swami and Sandeep Kumar were arrested and they, in -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15759-2026 (O&M) Decided on:-23.03.2026 ....Petitioner ....Respondent MANDEEP PANNU Mr. Deepam Raghav, Advocate for the petitioner. This is the first petition filed under Section 482 of BNSS/438 Cr.P.C for grant of anticipatory bail to the petitioner in FIR No.422, dated 01.12.2025, registered under Section 22(c) and 29 of NDPS Act, at Police Station Sadar Briefly stated, the prosecution case is that on 01.12.2025, a police party headed by SI Jaiveer Singh, on the basis of secret information, apprehended accused Deepak Kumar Indoriya and Dinesh Kumar, and recovered 450 strips apsules, i.e. total 3600 capsules) of NRX (Dicyclomine Hydrochloride, Tramadol Hydrochloride and Acetaminophen) weighing 1 kg 944 During investigation, the arrested co-accused disclosed that the accused Govind, who, upon arrest, further disclosed that he had procured the same from co-accused Subhash. Subsequently, and Sandeep Kumar were arrested and they, in This is the first petition filed under Section 482 of BNSS/438 Cr.P.C for grant of anticipatory bail to the petitioner in FIR No.422, dated 01.12.2025, registered under Section 22(c) and 29 of NDPS Act, at Police Station Sadar Briefly stated, the prosecution case is that on 01.12.2025, a police party headed by SI Jaiveer Singh, on the basis of secret information, apprehended accused Deepak Kumar Indoriya and Dinesh Kumar, and recovered 450 strips apsules, i.e. total 3600 capsules) of NRX (Dicyclomine Hydrochloride, Tramadol Hydrochloride and Acetaminophen) weighing 1 kg 944 accused disclosed that the accused Govind, who, upon arrest, further accused Subhash. Subsequently, and Sandeep Kumar were arrested and they, in TRIPTI SAINI 2026.03.24 09:38 I attest to the accuracy and integrity of this document CRM-M-15759- turn, suffered disclosure statements implicating the present petitioner as one of the suppliers. The petitioner is yet to be arrested. 4. Learned counsel for the petitioner submits that falsely implicated and his name has surfaced only in the disclosure statements of co-accused. Such disclosure statements are inadmissible in evidence. No recovery has been effected from the petitioner. The petitioner is ready to join investigation and cooperate with the police. 5. Notice of motion. 6. Mr. Sushil Bhardwaj, Addl. A.G. Haryana, accepts notice. He opposed the present bail petition and submitted that the petitioner are serious in nature and relate to supply of commer contraband. The petitioner is part of a chain of suppliers in an organised drug network. Apart from disclosure statements, the Call Detail Records (CDR) of the petitioner match with those of co material. Custodial interrogation of the petitioner is necessary to recover the mobile phone, unearth the entire network and identify other persons involved. 7. I have heard learned counsel for the parties and perused the record. 8. The recovery effected thus attracting the rigours of Section 37 of the NDPS Act. The allegations against the petitioner are not merely of possession but of being a supplier forming part of a chain in illicit trafficking. disclosure statements of co State has placed reliance on Call Detail Records, which prima facie indicate connectivity between the petitioner and co to the prosecution version. -2026 (O&M) turn, suffered disclosure statements implicating the present petitioner as one of the suppliers. The petitioner is yet to be arrested. earned counsel for the petitioner submits that falsely implicated and his name has surfaced only in the disclosure statements of accused. Such disclosure statements are inadmissible in evidence. No recovery has been effected from the petitioner. The petitioner is ready to join investigation perate with the police. Notice of motion. Mr. Sushil Bhardwaj, Addl. A.G. Haryana, accepts notice. He opposed the present bail petition and submitted that the petitioner are serious in nature and relate to supply of commer contraband. The petitioner is part of a chain of suppliers in an organised drug Apart from disclosure statements, the Call Detail Records (CDR) of the petitioner match with those of co-accused, thereby providing corroborative ustodial interrogation of the petitioner is necessary to recover the mobile phone, unearth the entire network and identify other persons involved. I have heard learned counsel for the parties and perused the record. The recovery effected in the present case is of thus attracting the rigours of Section 37 of the NDPS Act. The allegations against the petitioner are not merely of possession but of being a supplier forming part of a chain in illicit trafficking. Although the name of the petitioner has surfaced in the disclosure statements of co-accused, it is not the sole material against him. The State has placed reliance on Call Detail Records, which prima facie indicate connectivity between the petitioner and co-accused to the prosecution version. -2- turn, suffered disclosure statements implicating the present petitioner as one of the earned counsel for the petitioner submits that the petitioner has been falsely implicated and his name has surfaced only in the disclosure statements of accused. Such disclosure statements are inadmissible in evidence. No recovery has been effected from the petitioner. The petitioner is ready to join investigation Mr. Sushil Bhardwaj, Addl. A.G. Haryana, accepts notice. He opposed the present bail petition and submitted that the allegations against the petitioner are serious in nature and relate to supply of commercial quantity of contraband. The petitioner is part of a chain of suppliers in an organised drug Apart from disclosure statements, the Call Detail Records (CDR) of the accused, thereby providing corroborative ustodial interrogation of the petitioner is necessary to recover the mobile phone, unearth the entire network and identify other persons involved. I have heard learned counsel for the parties and perused the record. in the present case is of commercial quantity thus attracting the rigours of Section 37 of the NDPS Act. The allegations against the petitioner are not merely of possession but of being a supplier forming part of a the name of the petitioner has surfaced in the accused, it is not the sole material against him. The State has placed reliance on Call Detail Records, which prima facie indicate accused, thereby lending corroboration turn, suffered disclosure statements implicating the present petitioner as one of the he petitioner has been falsely implicated and his name has surfaced only in the disclosure statements of accused. Such disclosure statements are inadmissible in evidence. No recovery has been effected from the petitioner. The petitioner is ready to join investigation Mr. Sushil Bhardwaj, Addl. A.G. Haryana, accepts notice. He allegations against the cial quantity of contraband. The petitioner is part of a chain of suppliers in an organised drug Apart from disclosure statements, the Call Detail Records (CDR) of the accused, thereby providing corroborative ustodial interrogation of the petitioner is necessary to recover the I have heard learned counsel for the parties and perused the record. commercial quantity, thus attracting the rigours of Section 37 of the NDPS Act. The allegations against the petitioner are not merely of possession but of being a supplier forming part of a the name of the petitioner has surfaced in the accused, it is not the sole material against him. The State has placed reliance on Call Detail Records, which prima facie indicate , thereby lending corroboration TRIPTI SAINI 2026.03.24 09:38 I attest to the accuracy and integrity of this document CRM-M-15759- 9. The investigation is still in progress and custodial interrogation of the petitioner appears to be necessary to unearth the larger conspiracy, trace the source of contraband and identify othe commercial quantity and organised drug trafficking, a stricter approach is warranted. 10. At this stage, this Court does not find reasonable grounds to believe that the petitioner is not guilty of the alleged offence or that he is unlikely to commit any offence while on bail. 11. In view of the above, this Court does not find it to be a fit c grant of anticipatory bail to the petitioner. 12. Accordingly, the present petition is observed hereinabove shall be construed as an expression of opinion on the merits of the case. 13. All pending miscellaneous March 23, 2026 tripti Whether speaking/non Whether reportable -2026 (O&M) The investigation is still in progress and custodial interrogation of the petitioner appears to be necessary to unearth the larger conspiracy, trace the source of contraband and identify other members of the network. commercial quantity and organised drug trafficking, a stricter approach is At this stage, this Court does not find reasonable grounds to believe that the petitioner is not guilty of the alleged offence or that he is unlikely to commit any offence while on bail. In view of the above, this Court does not find it to be a fit c grant of anticipatory bail to the petitioner. Accordingly, the present petition is observed hereinabove shall be construed as an expression of opinion on the merits All pending miscellaneous application(s), if any, stands disposed of. Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -3- The investigation is still in progress and custodial interrogation of the petitioner appears to be necessary to unearth the larger conspiracy, trace the source r members of the network. In cases involving commercial quantity and organised drug trafficking, a stricter approach is At this stage, this Court does not find reasonable grounds to believe that the petitioner is not guilty of the alleged offence or that he is unlikely to In view of the above, this Court does not find it to be a fit case for Accordingly, the present petition is dismissed. However, nothing observed hereinabove shall be construed as an expression of opinion on the merits application(s), if any, stands disposed of. (MANDEEP PANNU) JUDGE : Speaking : Yes/No The investigation is still in progress and custodial interrogation of the petitioner appears to be necessary to unearth the larger conspiracy, trace the source In cases involving commercial quantity and organised drug trafficking, a stricter approach is At this stage, this Court does not find reasonable grounds to believe that the petitioner is not guilty of the alleged offence or that he is unlikely to ase for However, nothing observed hereinabove shall be construed as an expression of opinion on the merits application(s), if any, stands disposed of. TRIPTI SAINI 2026.03.24 09:38 I attest to the accuracy and integrity of this document