118. IN THE HIGH COURT OF PUNJAB AND HARYANA AT Baljinder Singh State of Haryana CORAM: Present: MANJARI NEHRU KAUL 1. under Section under Section City, District Sirsa. 2. is a victim of false implication as he was not accompanying the co when the alleged recovery of 500 grams of opium was made from him. It has been argued by the learned counsel that the peti nominated as an accused in the present case on the basis of a disclosure statement purportedly suffered by co who claimed that the recovered contraband had been procured through the petitioner. Learned coun IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of de Baljinder Singh Versus State of Haryana HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL Mr. Aditya Sanghi, Advocate, for the ----- MANJARI NEHRU KAUL, J. (ORAL) The petitioner is seeking the concession of anticipatory bail under Section 482 of BNSS, 2023, in case FIR No under Section 17(b) of NDPS Act, 1985, registered at Police Station Sirsa City, District Sirsa. Learned counsel for the petitioner contends that the petitioner is a victim of false implication as he was not accompanying the co when the alleged recovery of 500 grams of opium was made from him. It has been argued by the learned counsel that the peti nominated as an accused in the present case on the basis of a disclosure statement purportedly suffered by co-accused, Akashdeep and Kashbir, who claimed that the recovered contraband had been procured through the petitioner. Learned counsel argues that the disclosure statement on the basis IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M-M-34895-2025 Date of decision: 07.07.2025 .... Petitioner .... Respondent HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL , Advocate, for the petitioner. The petitioner is seeking the concession of anticipatory bail in case FIR No.289, dated 06.06.2025, registered at Police Station Sirsa ed counsel for the petitioner contends that the petitioner is a victim of false implication as he was not accompanying the co-accused when the alleged recovery of 500 grams of opium was made from him. It has been argued by the learned counsel that the petitioner came to be nominated as an accused in the present case on the basis of a disclosure accused, Akashdeep and Kashbir, who claimed that the recovered contraband had been procured through the sel argues that the disclosure statement on the basis The petitioner is seeking the concession of anticipatory bail , registered at Police Station Sirsa ed counsel for the petitioner contends that the petitioner accused when the alleged recovery of 500 grams of opium was made from him. It tioner came to be nominated as an accused in the present case on the basis of a disclosure accused, Akashdeep and Kashbir, who claimed that the recovered contraband had been procured through the sel argues that the disclosure statement on the basis SANJEEV KUMAR 2025.07.08 10:20 I attest to the accuracy and integrity of this document CRM-M-34895-2025 - 2 - of which the petitioner has been nominated as an accused in the present case holds little evidentiary value and, therefore, the petitioner deserves to be extended the concession of anticipatory bail more so when he is willing to join investigation and cooperate with the Investigating Agency. 3. 3. On a pointed query as to whether the petitioner has any previous criminal antecedents, learned counsel has fairly conceded that the petitioner was facing trial in one other case under the NDPS Act which also pertains to non-commercial quantity and in which he has already been extended the concession of bail. It has been further asserted by the learned counsel that the petitioner has not misused the concession of bail granted to him therein. 4. I have heard learned counsel and perused the material placed on record. 5. Although the petitioner is not stated to have been accompanying the co-accused, Akashdeep and Kashbir, from whom, recovery of 500 grams of opium was made by the police party on suspicion, however, this Court cannot turned a blind eye to the petitioner’s previous criminal antecedents. On an earlier occasion also, the petitioner was booked under Section 17 of the NDPS Act wherein 508 grams of opium was recovered from co-accused. The contention of learned counsel that the petitioner is on bail in the previously instituted criminal case against him and he has not misused the said concession, is falsified from the fact that he has apparently misused the said concession by being involved in the present case. SANJEEV KUMAR 2025.07.08 10:20 I attest to the accuracy and integrity of this document CRM-M-34895-2025 - 3 - 6. In the circumstances, the petitioner prima facie comes across as a habitual offender and thus, this Court does not deem it fit to extend the extraordinary concession of anticipatory bail to the petitioner. 7. Present petition stands dismissed accordingly. 8. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. (MANJARI NEHRU KAUL) JUDGE July 07, 2025 sanjeev Whether speaking/reasoned: Yes/No Whether reportable: Yes/No SANJEEV KUMAR 2025.07.08 10:20 I attest to the accuracy and integrity of this document