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High Court of Punjab and Haryana · body

2025 DAILYLAW 6516 (PNJ)

RAHUL SANA v. STATE OF HARYANA

CRM-M/54459/2025 · 2026-03-25

Manisha Batra

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Judgment text

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CRM-M-54459- IN THE H (124) RAHUL SANA STATE OF HAR CORAM: HON Present: Mr. M Mr. A Ms. H MANISHA BATR 1. The Section 483 of Bh for grant of regul registered under S Psychotropic Subs District Bhiwani. 2. As p information to the business of sale o same in his house -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH Versus HARYANA HON'BLE MRS. JUSTICE MANIS r. Madan Sandhu, Advocate and Mr. Ajay Shekhawat, Advocate for th Ms. Himani Arora, DAG, Haryana **** BATRA, J. (ORAL) The instant petition has been prefe of Bharatiya Nagarik Suraksha Sanh regular bail in case arising out of F nder Sections 20-B (II) (C), 27-A and c Substances Act (for short “NDPS A wani. As per the allegations, on 30.12.2 to the effect that the accused Kuldeep sale of intoxicating substances and ha house and that the said contraband JAB AND HARYANA AT ARH CRM-M-54459-2025 (O&M) Date of decision : 25.03.2026 ... Petitioner ...Respondent ANISHA BATRA for the petitioner preferred by the petitioner under a Sanhita, 2023 (for short “BNSS”) ut of FIR No.663 dated 30.12.2024 A and 29 of the Narcotic Drugs and DPS Act”) at Police Station Sadar, 0.12.2024, on receipt of a secret uldeep @ Somi was indulged in the and had stored huge quantity of the aband could be recovered from his M) 2026 oner dent nder SS”) 2024 s and adar, ecret n the the his AMIT SHARMA 2026.03.25 19:52 I attest to the accuracy and integrity of this order/judgment. CRM-M-54459- house, a raiding p Kuldeep @ Som apprehended. Aft and 10 plastic bag from the same wh Kuldeep @ Somi w 3. As p suffered disclosur of Paras, Vikram nominated and ar involvement in th and co-accused K During the cours Vikram son of P Rs.70,000/- was tr i.e. mother of the accused Kuldeep Karusana Khara a that they were in 28.12.2024. The in the name of his 4. It is a falsely implicated accused which can -2025 (O&M) 2 ding party was formed which reache Somi. He was found standing d. After completion of due formalitie ic bags containing total 51 KGs 834 G me which was taken into possession Somi was formally arrested. As per the further allegations, the closure statement on the basis of whi ikram Singh son of Maida Ram nd arrested. They too suffered disclos t in the crime. On the disclosure of a sed Karusna Khara were nominated course of further investigation, ban of Paras was collected and it wa was transferred by the said accused of the present petitioner. The call deta ldeep @ Somi, Vikram son of Paras hara and present petitioner were also re in contact with each other during The mobile phone used by the petitio of his father. Investigation now stands It is argued by learned counsel for t icated in this case on the basis of the d ich cannot be considered to be admiss reached at the house of the accused nding outside his house and was malities, his premises were checked 834 Grams of Ganja were recovered ession by the Police. The accused s, the accused Kuldeep @ Somi of which accused Vikram Singh son Ram and Virender @ Biru were disclosure statements admitting their re of accused Vikram, the petitioner inated and arrested on 07.01.2025. n, bank account detail of accused it was found that an amount of d in the bank account of Manju ll detail records of cellphones of the Paras, Vikram son of Maida Ram, e also collected and it was revealed uring the period from 17.12.2024 to petitioner was found to be registered stands concluded. l for the petitioner that he has been f the disclosure statement of the co- admissible in evidence. He was not used was cked ered used Somi son were their ioner 025. used t of anju f the am, ealed 24 to tered been - s not AMIT SHARMA 2026.03.25 19:52 I attest to the accuracy and integrity of this order/judgment. CRM-M-54459- named in the FIR. for further investi antecedents are cl custody anymore. of bail. On parit therefore, argued t 4. Per c against the petitio involved in 02 m committing simila petitioner and the to 28.12.2024. It extended the benef 5. This C for the parties at co 6. The p disclosure stateme effected from him showing the fact contact with each transcript of the s involved in the bu of evidence as to w -2025 (O&M) 3 e FIR. No recovery has been effected investigation. Trial will take conside are clean. No useful purpose would more. The co-accused Virender @ B n parity, he too deserves to be exten gued that the petition deserves to be al Per contra, learned State counsel ha petitioner are serious in nature. He 02 more cases under NDPS Act. similar offences or absconding if ex nd the co-accused were in contact wit 24. It is, therefore, argued that the p nefit of bail. This Court has heard the rival submis es at considerable length. The petitioner has been nominated in tatement made by the co-accused Vi m him. Though, as per the status re e fact that the petitioner and the co each other through their cellphones f the said call detail records, no infere the business of sale of contraband can as to whether the transfer of sum of R ffected from him. He is not required considerable time to conclude. His ould be served by detaining him in r @ Biru has been extended benefit extended the same benefit. It is, o be allowed. nsel has argued that the allegations . He is a habitual offender and is Act. There are chances of his g if extended benefit of bail. The act with each other from 17.12.2024 the petition does not deserve to be ubmissions made by learned counsel ated in this case on the basis of the Vikram. No recovery has been atus report, some call detail records the co-accused were in continuous phones, however, in the absence of inference as to the petitioner being nd can be drawn. It is also a matter m of Rs.70,000/- in the bank account uired His m in nefit It is, tions nd is his The 2024 to be unsel f the been s uous e of eing atter ount AMIT SHARMA 2026.03.25 19:52 I attest to the accuracy and integrity of this order/judgment. CRM-M-54459- of the mother of money or not? T months and 16 day it was observed b under Section 67 o by independent m the petitioner will cannot be ignored petitioner was arre to connect the pet connected with the has been complete of the 24 witnesse granted concession circumstances, thi would be served consideration the comments on the manner, the petiti bail, subject to his learned trial Court 7. In the petitioner, it shall application seekin -2025 (O&M) 4 er of the petitioner by the co-accused ot? The petitioner is in custody for 16 days. In Tofan Singh Vs. State of rved by Hon’ble Apex Court that th n 67 of NDPS Act, are inadmissible in ent material. While the veracity of th er will be tested during the course of gnored that no recovery has been effe as arrested on 07.01.2025. There is no the petitioner either with the subject ith the co-accused in any manner at t mpleted. Conclusion of trial would tak tnesses have been examined so far. Th ssion of bail by this Court. Keeping es, this Court is of the considered o erved by keeping the petitioner in c n the above discussed facts but wi n the merits of the case lest the sa petition is allowed and the petitione to his furnishing personal and surety b Court/Chief Judicial Magistrate/Duty In the event of there being any FIR t shall be open to the respondent-State seeking cancellation of bail. ccused can be considered to be drug dy for over a period of 01 year 02 te of Tamil Nadu, (2021) 4 SCC 1, at the disclosure statements made sible in evidence unless corroborated y of the disclosure statement against rse of trial, however, at this stage, it en effected from the petitioner. The re is nothing on record, at this stage, bject crime or to show that he was er at the relevant time. Investigation uld take considerable time as 08 out far. The co-accused has already been eping in view the aforesaid facts and ered opinion that no useful purpose r in custody anymore. Taking into but without meaning to make any the same prejudice the trial in any titioner is ordered to be released on urety bonds to the satisfaction of the /Duty Magistrate concerned. y FIR/complaint lodged against the State to seek redressal by filing an drug r 02 1, ade rated ainst ge, it The tage, was ation 8 out been s and pose into any any d on f the t the g an AMIT SHARMA 2026.03.25 19:52 I attest to the accuracy and integrity of this order/judgment. CRM-M-54459- 8. Since any, is rendered in 25.03.2026 Amit Sharma -2025 (O&M) 5 Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes Whether reportable:- Yes/No allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No n, if AMIT SHARMA 2026.03.25 19:52 I attest to the accuracy and integrity of this order/judgment.