CRM-M-30005 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 101 Sonu State of Haryana CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. CRM-2704 2. CRM-M Bharatiya Nagarik Suraksha Sanhita, 2023 bearing FIR No. 27A of the ‘NDPS Act’) 3. petition are that accused Sushila effected from her. Upon interrogation, she disclosed that the petitioner, who is her husband, had supplied her the recovered contraban 30005-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Versus Haryana CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Raman Chawla, Advocate for the petitioner. Mr. Apoorv Garg, Addl. A.G., MANISHA BATRA, J. (Oral) 2704-2025 Allowed as prayed for. Documents are taken on record. M-30005-2025 (O&M) This petition has been filed by the petitioner under Section tiya Nagarik Suraksha Sanhita, 2023 bearing FIR No. 0180 dated 18.04.2025, registered under Section 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985 ‘NDPS Act’) at Police Station City Hisar, District Hisar. Brief facts of the case relevant for the purpose of disposal of this petition are that on 18.04.2025, pursuant to receipt of a secret information, co accused Sushila was apprehended and recovery of 08.48 grams of heroin was effected from her. Upon interrogation, she disclosed that the petitioner, who is her husband, had supplied her the recovered contraban IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-30005-2025 (O&M) Date of decision: 18.08.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Raman Chawla, Advocate Addl. A.G., Haryana. taken on record. This petition has been filed by the petitioner under Section 482 tiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in case , registered under Sections 21B Narcotic Drugs and Psychotropic Substances Act, 1985 (for short City Hisar, District Hisar. Brief facts of the case relevant for the purpose of disposal of this pursuant to receipt of a secret information, co and recovery of 08.48 grams of heroin was effected from her. Upon interrogation, she disclosed that the petitioner, who is her husband, had supplied her the recovered contraband. On the basis of the -1- 2025 (O&M) 18.08.2025 ...Petitioner ...Respondent 482 of bail in case and (for short Brief facts of the case relevant for the purpose of disposal of this pursuant to receipt of a secret information, co- and recovery of 08.48 grams of heroin was effected from her. Upon interrogation, she disclosed that the petitioner, who is On the basis of the MOHAMMAD WASEEM ANSARI 2025.08.19 15:41 I attest to the accuracy and integrity of this document CRM-M-30005 same, the present petitioner has also been nominated in this case as an accused. Apprehending his arrest, the petitioner had filed an application for grant of anticipatory bail before the Court of learned Additional Sessions Judge, Hisar 4. has been falsely implicated in this case. only on the basis of cannot be considered to be admissible in evidence two more cases of similar nature, out of which, he has been acquitted in one case and in another case, he is on bail. It is fur ready to join the investigation. useful purpose would be served by detaining him into custody. urged that the petition deserves to be allowed. 5. petition and is ready to argued the matter, has submitted that keeping in view the gravity of the allegations levelled against the petitioner as well as his criminal antecedents, he is not entitled to ge thus, argued that the petition is liable to be dismissed. 6. and have also perused the material placed on record. 7. disclosure statement suffered by above named co apprehended by the police party on 18.04.2025 and from whom, recovery of aforementioned contraband was recovered. The allegation against the 30005-2025 (O&M) same, the present petitioner has also been nominated in this case as an accused. Apprehending his arrest, the petitioner had filed an application for grant of anticipatory bail before the Court of learned Additional Sessions isar but the same had been dismissed, vide order dated Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. He has been nominated in this case only on the basis of disclosure statement of cannot be considered to be admissible in evidence two more cases of similar nature, out of which, he has been acquitted in one case and in another case, he is on bail. It is fur ready to join the investigation. No recovery is to be effected from him. No useful purpose would be served by detaining him into custody. urged that the petition deserves to be allowed. Per contra, learned State counsel, who has advance notice of the petition and is ready to argued the matter, has submitted that keeping in view the gravity of the allegations levelled against the petitioner as well as his criminal antecedents, he is not entitled to ge 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 nominate disclosure statement suffered by above named co apprehended by the police party on 18.04.2025 and from whom, recovery of aforementioned contraband was recovered. The allegation against the same, the present petitioner has also been nominated in this case as an accused. Apprehending his arrest, the petitioner had filed an application for grant of anticipatory bail before the Court of learned Additional Sessions but the same had been dismissed, vide order dated 21.05.2025. Learned counsel for the petitioner has argued that the petitioner He has been nominated in this case disclosure statement of above named co-accused, which cannot be considered to be admissible in evidence. He has been involved in two more cases of similar nature, out of which, he has been acquitted in one case and in another case, he is on bail. It is further argued that the petitioner is 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 be allowed. learned State counsel, who has advance notice of the petition and is ready to argued the matter, has submitted that keeping in view the gravity of the allegations levelled against the petitioner as well as his criminal antecedents, he is not entitled to get benefit of pre-arrest bail. It is, thus, argued that the petition is liable 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 disclosure statement suffered by above named co-accused, who was apprehended by the police party on 18.04.2025 and from whom, recovery of aforementioned contraband was recovered. The allegation against the -2- same, the present petitioner has also been nominated in this case as an accused. Apprehending his arrest, the petitioner had filed an application for grant of anticipatory bail before the Court of learned Additional Sessions 21.05.2025. Learned counsel for the petitioner has argued that the petitioner He has been nominated in this case accused, which He has been involved in two more cases of similar nature, out of which, he has been acquitted in one ther argued that the petitioner is No recovery is to be effected from him. No It is, therefore, learned State counsel, who has advance notice of the petition and is ready to argued the matter, has submitted that keeping in view the gravity of the allegations levelled against the petitioner as well as his It is, learned counsel for the parties at considerable length d in this case on the basis of the accused, who was apprehended by the police party on 18.04.2025 and from whom, recovery of aforementioned contraband was recovered. The allegation against the MOHAMMAD WASEEM ANSARI 2025.08.19 15:41 I attest to the accuracy and integrity of this document CRM-M-30005 petitioner is t is nothing on record to connect the petitioner with the subject crime except the said disclosure statement. Hence, i petitioner was involved in thereof, I am of the considered opinion that the custodial interrogation of the petitioner is not required. Accordingly, the present petition is allowed. petitioner is granted concession of anticipatory bail, of conditions envisaged under Section 482(2) of BNSS. He is directed to appear before the Investigating/Arresting Officer to join investigation within period of ten days from today thereafter. In the event of his arrest, the Investigating/Arresting Officer shall release the petitioner on bail subject to his/her satisfaction. 8. for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 18.08.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 30005-2025 (O&M) petitioner is that he had supplied the same to her. is nothing on record to connect the petitioner with the subject crime except the said disclosure statement. Hence, it is a question of debate as to whether the petitioner was involved in commission of subject crime or not. thereof, I am of the considered opinion that the custodial interrogation of the petitioner is not required. Accordingly, the present petition is allowed. petitioner is granted concession of anticipatory bail, of conditions envisaged under Section 482(2) of BNSS. He is directed to appear before the Investigating/Arresting Officer to join investigation within period of ten days from today or as and when subsequently required r. In the event of his arrest, the Investigating/Arresting Officer shall release the petitioner on bail on furnishing personal as well as surety bonds 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. 18.08.2025 Whether speaking/reasoned Whether reportable hat he had supplied the same to her. However, at this stage, there is nothing on record to connect the petitioner with the subject crime except the t is a question of debate as to whether the commission of subject crime or not. 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. 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 investigation within or as and when subsequently required r. In the event of his arrest, the Investigating/Arresting Officer shall on furnishing personal as well as surety bonds 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- However, at this stage, there is nothing on record to connect the petitioner with the subject crime except the t is a question of debate as to whether the In view thereof, I am of the considered opinion that the custodial interrogation of the The 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 investigation within a or as and when subsequently required r. In the event of his arrest, the Investigating/Arresting Officer shall on furnishing personal as well as surety bonds 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 2025.08.19 15:41 I attest to the accuracy and integrity of this document