IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 215 CRM-M-34423-2025 (O&M) Date of Decision: 03.09.2025. Suhail @ Sabar Gauri ...Petitioner. Versus State of Haryana ...Respondent. *** CORAM: HON'BLE MRS. JUSTICE SUKHVINDER KAUR ....... Present: Mr. Davneet Sangwan, Advocate for the petitioner. Mr. Pawan Kumar Garg, DAG, Haryana. *** SUKHVINDER KAUR , J. (Oral) Present petition has been filed under Section 482 of BNSS for grant of anticipatory bail to the petitioner in FIR No.102 dated 04.03.2023, under Section 21 of NDPS Act, registered at Police Station Sadar, Yamuna Nagar, District Yamuna Nagar. As per prosecution case, on 04.03.2023, co-accused, namely, Manish Mahant Kinnar was found in possession of 56.50 grams of heroin and the petitioner was nominated as an accused in the present case on the basis of disclosure statement of co-accused, being supplier of said contraband. Learned counsel for the petitioner contended that no recovery has been effected from the petitioner and he is not connected with the offence in the present case. The petitioner has been falsely implicated in the present case only on the basis of disclosure statement of co-accused, which KOMAL 2025.09.03 17:32 I attest to the accuracy of this document CRM-M-34423-2025 (O&M) -2- is not admissible in law. He prayed that custodial interrogation of the petitioner is not required and he is ready and willing to join the investigation and the present petition be allowed. Notice was issued in this case on 07.07.2025 and status report was called from the State, which was filed on 11.08.2025 and the same was taken on record. Learned State counsel has opposed the petition and submitted that the petitioner is indulging in sale and purchase of heroin. He has been specifically named in the disclosure statement of co-accused and as such he is not entitled to the concession of regular bail. Heard. As per the allegations, the name of the petitioner surfaced in the present case, only on the basis of disclosure statement of co-accused. Except the disclosure statement, there is no material on record to connect the petitioner with the offence in the present case. Recovery has already been effected in the present case and nothing is to be recovered from the petitioner. The alleged recovery effected from co-accused, namely, Manish Mahant Kinner, falls within the 'intermediate quantity'. The custodial interrogation of the petitioner is not required for any purpose and no useful purpose would be served by sending the petitioner behind the bars. Accordingly, without commenting on the merits of the case, the present petition is allowed. In the event of his arrest, the petitioner is ordered to be released on bail, on his furnishing bail/surety bonds, to the satisfaction of the Arresting Officer/ Investigating Officer, subject to the conditions, as provided under Section 482(2) of BNSS. It will be open for the Investigating Officer to call the petitioner to join investigation, if so KOMAL 2025.09.03 17:32 I attest to the accuracy of this document CRM-M-34423-2025 (O&M) -3- required, by issuing a written notice in this regard and he shall abide by the conditions mentioned in Section 482(2) of the BNSS. However, nothing observed herein above shall be construed to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail application. Pending application(s), if any, shall also stand disposed of. (SUKHVINDER KAUR) JUDGE 03.09.2025. Komal Whether speaking/reasoned? : Yes/ No Whether reportable? : Yes/ No KOMAL 2025.09.03 17:32 I attest to the accuracy of this document