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2025 DAILYLAW 8397 (PNJ)

ABDUL HAKEEM P M v. STATE OF HARYANA

CRM-M/29276/2025 · 2026-07-28

Sanjay Vashisth

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Judgment text

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CRM-M-29276-2025 (O&M) CRM-M-51289-2025 CRM-M-6288-2026 1 CRM-M-9185-2026 CRM-M-27442-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 113-1+235 CRM-M-29276-2025 (O&M) ABDUL HAKEEM P M ......Petitioner Versus STATE OF HARYANA ......Respondent CRM-M-51289-2025 MAHNGA SINGH @ MAHIGA SINGH @ VICKY ......Petitioner Versus STATE OF HARYANA ......Respondent CRM-M-6288-2026 SUKHPREET ALIAS SUKHA ......Petitioner Versus STATE OF HARYANA ......Respondent CRM-M-9185-2026 JASHANPREET @ JASHAN ......Petitioner Versus STATE OF HARYANA ......Respondent LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-29276-2025 (O&M) CRM-M-51289-2025 CRM-M-6288-2026 2 CRM-M-9185-2026 CRM-M-27442-2026 CRM-M-27442-2026 SURJEET ALIAS GAGGI ......Petitioner Versus STATE OF HARYANA ......Respondent Reserved on : 13.07.2026 Pronounced on : 28.07.2026 1. Date when the judgment was reserved 13.07.2026 2. Date when the judgment is pronounced 28.07.2026 3. Date when the judgment is uploaded on the website 28.07.2026 4. Whether only operative part of the judgment is pronounced or whether the full judgment is pronounced Full 5. The delay, if any, of the pronouncement of full judgment, and reasons thereof. Not applicable. CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Sirat Sapra, Advocate, for Mr. Maaroof, Advocate, for the petitioner in CRM-M-29276-2025, Ms. Manpreet Ghuman, Advocate, for the petitioner in CRM-M-51289-2025. Mr. APS Sehgal, Advocate, for the petitioner in CRM-M-6288-2026. Mr. Surjeet Singh Chahal, Advocate (through VC mode), for the petitioner in CRM-M-9185-2026. Mr. Kuldeep Singh Siwach, Advocate, for the petitioner in CRM-M-27442-2026. Ms. Malvika Singh, DAG, Haryana. **** LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-29276-2025 (O&M) CRM-M-51289-2025 CRM-M-6288-2026 3 CRM-M-9185-2026 CRM-M-27442-2026 SANJAY VASHISTH, J. 1. By way of this common order, all the aforementioned petitions, i.e. CRM-M-29276-2025, CRM-M-51289-2025, CRM-M- 6288-2026, CRM-M-9185-2026 and CRM-M-27442-2026, shall stand disposed of. FACTS OF THE PRESENT CASE 1. Present petitions have been filed under Section 483 of BNSS, (earlier Section 439 of Cr.P.C.), for grant of regular bail to the petitioners, during the pendency of the trial, who have been booked in a criminal case, arising out of First Information Report, as detailed here under:- Sr. No. Petition No. Name of the petitioners FIR Date Section(s) Police Station District 1. CRM-M- 29276- 2025 Abdul Hakeem PM 109 18.03.2025 21(c) of NDPS Act City Tohana Fatehabad 2. CRM-M- 51289- 2025 Mahnga Singh @ Mahiga Singh @ Vicky 109 18.03.2025 21(C)/61/85 of NDPS Act City Tohana Fatehabad 3. CRM-M- 6288-2026 Sukhpreet @ Sukha 109 18.03.2025 21(C) of NDPS Act City Tohana Fatehabad 4. CRM-M- 9185-2026 Jashanpreet Singh @ Jashan 109 18.03.2025 21(c), 27A and 29 of NDPS Act and section 238(a) of BNS City Tohana Fatehabad 5. CRM-M- 27442- 2026 Surjeet @ Gaggi 109 18.03.2025 21(c), 27A, 29 (Act No.61) of NDPS Act and section 238 of BNS City Tohana Fatehabad LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-29276-2025 (O&M) CRM-M-51289-2025 CRM-M-6288-2026 4 CRM-M-9185-2026 CRM-M-27442-2026 2. FIR was registered on the basis of secret information received by the police that accused Jagsir @ Jagga was carrying heroin near Railway Station, Tohana. Upon compliance with the statutory provisions of NDPS Act, search was conducted and 4.005 kilograms of heroin was recovered from his conscious possession, leading to registration of the present FIR. 3. During investigation, police allegedly unearthed an organised interstate/international heroin trafficking syndicate. Investigation further revealed procurement and supply of heroin, movement of narcotics proceeds through bank accounts, recovery of Rs.15,00,000/- as drug money, seizure of vehicles allegedly purchased from narcotics proceeds, and involvement of an overseas handler namely Rajinder @ Harman, stated to be operating from United States of America. 4. On the basis of disclosure statements, financial investigation, recovery of alleged drug proceeds and other material collected during investigation, several additional accused came to be nominated. 5. Learned State counsel has filed comprehensive status report dated 16.07.2026, in the respective petitions, and same is ordered to be taken on record. Registry is directed to tag the same at the appropriate place on the file. LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-29276-2025 (O&M) CRM-M-51289-2025 CRM-M-6288-2026 5 CRM-M-9185-2026 CRM-M-27442-2026 6. As per the comprehensive status report dated 16.07.2026, filed by the State in the respective petitions, role attributed to the respective petitioners, is as under:- (i) Mahnga Singh @ Mahiga Singh @ Vicky is alleged to be the wholesale supplier of heroin, who procured heroin from Amritsar and Kota and supplied the same to Jagsir @ Jagga and Jashanpreet Singh alias Jashan. He is further alleged to have been connected with overseas handler Rajinder @ Harman. (ii) Sukhpreet @ Sukha is alleged to have received Rs.15 lacs, being proceeds of heroin sale from Surjeet @ Gaggi, and concealed the amount in the music woofer of an Innova car, acting on the instructions of Rajinder @ Harman. (iii) Surjeet @ Gaggi is alleged to have acted as an agent of Rajinder @ Harman and received Rs.15 lacs of drug proceeds at Patran Bus Stand and delivered the same at Rama Mandi, Jalandhar. (iv) Abdul Hakeem P M is alleged to have permitted the use of his bank accounts for routing narcotics proceeds. (v) Jashanpreet @ Jashan is alleged to be an active member of a drug trafficking network. He is alleged to have assisted in the sale of heroin and delivery of proceeds from the illicit transactions. 7. As per the status report, investigation is stated to be continuing, with regard to absconding accused Rajinder @ Harman and LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-29276-2025 (O&M) CRM-M-51289-2025 CRM-M-6288-2026 6 CRM-M-9185-2026 CRM-M-27442-2026 Husnalal @ Sonu, against whom Look Out Circulars and arrest warrants have been issued. 8. Final report was presented on 12.09.2025, followed by supplementary challan on 08.04.2026. Present case is presently at the stage of recording of prosecution evidence. Out of 34 cited prosecution witnesses, only 02 witnesses have been examined, and even the prime prosecution witnesses have not yet been examined. CONTENTIONS ON BEHALF OF THE PETITIONERS:- A. Mahnga Singh @ Mahiga Singh @ Vicky: (i) It is contended that petitioner has not been named in the FIR and has been implicated in the present case, solely on the basis of the disclosure statement of co-accused Jagsir @ Jagga. No recovery of any contraband has been effected from his possession. (ii) Allegations regarding supply of heroin are based entirely upon inadmissible disclosure statement, without any independent corroborative evidence. It is further submitted that no direct evidence establishes any nexus between the petitioner and the alleged international narcotics syndicate. (iii) Petitioner is inside jail since 21.03.2025, i.e. for a period of about 1 year and 4 months, and investigation stands concluded, challan has already been presented and trial is likely to take considerable time. LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-29276-2025 (O&M) CRM-M-51289-2025 CRM-M-6288-2026 7 CRM-M-9185-2026 CRM-M-27442-2026 B. Sukhpreet @ Sukha (i) It is submitted that petitioner has been falsely implicated in the present case, during the course of investigation and no narcotic substance has been recovered from him. The alleged recovery pertains only to cash amount of Rs.15 lacs, which as per prosecution is drug proceeds. However, there is no legally admissible evidence available with the prosecution to establish such linkage. Prosecution case rests substantially upon disclosure statements of co-accused. (ii) Since investigation has concluded and petitioner is inside jail since 29.03.2025, i.e. for a period of about one year and four months, his continued incarceration would not serve any meaningful purpose for the prosecution, particularly when trial is progressing at a very slow pace. C. Surjeet @ Gaggi (i) It is contended that petitioner has neither been named in the FIR nor any recovery has been effected from him. (ii) As per the re-disclosure statement made by co-accused Jashanpreet Singh alias Jashan, petitioner received an amount of Rs.15 lacs from co-accused Jashanpreet @ Jashan and Krishan Singh, and delivered the same to another person namely Sukhpreet alias Sukha. However, there is no independent witness or documentary evidence, which connect the petitioner with the alleged transaction. LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-29276-2025 (O&M) CRM-M-51289-2025 CRM-M-6288-2026 8 CRM-M-9185-2026 CRM-M-27442-2026 (iii) It is further submitted that Petitioner is inside jail since 29.03.2025, i.e. for a period of one year and four months, and investigation in the present case is complete. Thus, prolonged detention of the petitioner inside jail would not serve any useful purpose for the prosecution. D. Abdul Hakeem P M (i) It is submitted that petitioner has merely allowed use of his bank accounts for routing financial transactions. No recovery of heroin or narcotic substance has been effected from him. (ii) Prosecution relies primarily upon financial transactions, which were recovered to be proved during the course of trial. (iii) Petitioner is inside jail since 17.04.2025, i.e. for a period of about one year and three months, and investigation is complete. Thus, no useful purpose would be served by the prosecution by putting the petitioner inside jail for an indefinite period. E. Jashanpreet @ Jashan (i) Petitioner was first named in the second disclosure statement dated 20.03.2025 made by the main accused-Jagsir @ Jagga, wherein it was alleged that his nephew, Jashanpreet (present petitioner), was actively engaged with him in heroin trafficking. Petitioner is neither named in the FIR, nor any contraband has been recovered from his possession. Prosecution has failed to produce any legally admissible LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-29276-2025 (O&M) CRM-M-51289-2025 CRM-M-6288-2026 9 CRM-M-9185-2026 CRM-M-27442-2026 evidence to substantiate the alleged involvement of the petitioner in the present case. (ii) Only alleged recovery from the petitioner is cash amount of Rs.10,000/-. However, there is no legally admissible material on record to establish any nexus between the recovered amount and the alleged narcotic activity. (iii) Petitioner is inside jail since 24.03.2025, i.e., for a period of approximately one year and three months. Investigation stands concluded, and no further custodial interrogation of the petitioner is required. Therefore, no useful purpose would be served by keeping the petitioner incarcerated for an indefinite period. 9. Counsel for the respective petitioners jointly submit that none of the petitioners have been attributed any role in the actual recovery of 4.005 kg of heroin, which was effected from the main accused namely Jagsir @ Jagga. Moreover, investigation in the present case has already been completed, and final report has also been filed. Out of total 34 prosecution witnesses, only 02 have been examined till date. Thus, conclusion of trial is not likely to be there in the near future, and even continued incarceration of the petitioners would not serve any useful purpose to the prosecution. LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-29276-2025 (O&M) CRM-M-51289-2025 CRM-M-6288-2026 10 CRM-M-9185-2026 CRM-M-27442-2026 Therefore, counsel for the respective petitioners jointly pray for grant of regular bail to the petitioners in the present case. CONTENTIONS ON BEHALF OF THE STATE: (i) Learned State counsel, while opposing the prayer made through the present petitions, submits that present case is not an isolated recovery case, but forms part of an organised interstate and international heroin trafficking syndicate involving procurement, transportation, distribution of heroin and laundering of narcotics proceeds through various intermediaries and bank accounts. (ii) It is submitted that investigation has disclosed an extensive criminal network headed by co-accused Rajinder @ Harman, who is operating from United States of America, and present petitioners played distinct but active roles in the functioning of the syndicate. (iii) It is further contended that mobile phone forensic examination, electronic data extraction, CDRs and location analysis are still awaited from the concerned agencies and would be placed on record before the trial court, as and when received. Arrest of accused Rajinder @ Harman @ Jinder and Husanlal @ Sonu, who are stated to be residing abroad, and are part of the larger narcotic network, is still pending, and efforts are being made to secure their arrest. (iv) In view of the facts and circumstances stated here above, material collected during the course of investigation, gravity of the LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-29276-2025 (O&M) CRM-M-51289-2025 CRM-M-6288-2026 11 CRM-M-9185-2026 CRM-M-27442-2026 offences, commercial quantity of heroin involved, active role attributed to the accused persons in an organised narcotics syndicate and stage of the trial, it is, therefore, prayed that present petitions be dismissed. CONCLUSION (i) This Court has heard the submissions advanced by learned counsel for the parties and has also perused the record available before it, including the comprehensive status report filed by the State. (ii) Having regard to the aforesaid circumstances, as noticed and argued before this Court, it is neither necessary nor appropriate at this stage, to express any opinion or make any observation regarding the alleged recovery of 4.005 kilograms of heroin, in the present case, or the alleged recovery of drug money amounting to Rs.15 lakhs from petitioner Sukhpreet @ Sukha; and Rs.10,000/- (cash) from petitioner-Jashanpreet @ Jashan, as any such observation may bear merits of the case. However, the undisputed position remains that all the petitioners have been implicated in the present FIR, solely on the basis of disclosure statements, whether made by the principal accused or by the co-accused. Question that consequently arises is whether, in the absence of expeditious progress in the trial, for whatever reason, the continued incarceration of the petitioners, who have remained inside jail for a period of approximately one year and three months, would be justified, LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-29276-2025 (O&M) CRM-M-51289-2025 CRM-M-6288-2026 12 CRM-M-9185-2026 CRM-M-27442-2026 particularly when their involvement in the present case rests only on such disclosure statements. (iii) Considering the totality of facts and circumstances of the present case, nature of the allegations levelled against the petitioners, period of custody already undergone by them, and the factors noticed here above, this Court is of the considered view that further incarceration of the petitioners would not be justified, at this stage. Therefore, this Court deems it appropriate to grant the concession of regular bail to all the present petitioners. (iv) Consequently, prayer made in the present petitions is allowed. All the present petitioners namely Abdul Hakeem P M, Mahnga Singh @ Mahiga Singh @ Vicky, Sukhpreet @ Sukha, Jashanpreet @ Jashan and Surjeet @ Gaggi, are ordered to be released on bail, subject to their furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. (v) Needless to observe that the petitioners shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. (vi) Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-29276-2025 (O&M) CRM-M-51289-2025 CRM-M-6288-2026 13 CRM-M-9185-2026 CRM-M-27442-2026 independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. (vii) It is further made clear that if, in future, petitioners are directly found indulged in similar kind of activities, this order shall be deemed to be cancelled. (viii) All the present petitions stand disposed of. (ix) Pending miscellaneous application(s), if any, shall also stand disposed of. (x) A photocopy of this order be placed on the files of other connected cases. (SANJAY VASHISTH) JUDGE 28.07.2026 Lavisha Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh