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2025 DAILYLAW 80871 (PNJ)

PRATAP v. STATE OF HARYANA

CRM-M/39198/2025 · 2025-09-10

Sukhvinder Kaur

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 212 CRM-M-39198-2025 (O&M) Date of Decision: 10.09.2025. Pratap ...Petitioner. Versus State of Haryana ...Respondent. *** CORAM: HON'BLE MRS. JUSTICE SUKHVINDER KAUR ....... Present: Mr. Gaurav Arora, 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.84 dated 31.03.2025 under Section 20-B/61/85 of NDPS Act, registered at Police Station Sarai Khawaja, District Faridabad. As per prosecution case, co-accused, namely, Sharvan Yadav was found in possession of 37 strips (each strip of 10 tablets) of Alprazolam tablets 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 is not admissible in law. He prayed that custodial interrogation of the KOMAL 2025.09.12 17:04 I attest to the accuracy of this document CRM-M-39198-2025 (O&M) -2- 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 24.07.2025 and status report was called from the State, which was filed on 22.08.2025 and the same was taken on record. Learned State counsel has opposed the petition and submitted that the allegations levelled against the petitioner are grave and serious in nature.. 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 Sharvan Yadav, who alleged him to be the supplier of the contraband. 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 from co-accused and nothing is to be recovered from the petitioner. The alleged recovery effected from co- accused, namely, Sharvan Yadav, falls within the 'non-commercial 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 KOMAL 2025.09.12 17:04 I attest to the accuracy of this document CRM-M-39198-2025 (O&M) -3- the Investigating Officer to call the petitioner to join investigation, if so 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 10.09.2025. Komal Whether speaking/reasoned? : Yes/ No Whether reportable? : Yes/ No KOMAL 2025.09.12 17:04 I attest to the accuracy of this document