CRM CRM CRM CRM----M M M M----21128 21128 21128 21128 212 212 212 212 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA Deepak State of Haryana Date of Date of Date of Date of Decision Decision Decision Decision Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL Bharatiya Nagarik regular bail to the petitioner registered for the off Drugs and Psychotropic Substances (Section 29 of the NDPS Act added later on) District Gurugram. 2. accused of being involved in an FIR 21128 21128 21128 21128----2026 2026 2026 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM----M M M M----21128 21128 21128 21128----2026 2026 2026 2026 versus Haryana Decision Decision Decision Decision: : : : April 24 April 24 April 24 April 24, 2026 , 2026 , 2026 , 2026 Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: April 24 April 24 April 24 April 24, 2026 , 2026 , 2026 , 2026 HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Siddharth Gautam, Advocate Mr. Gurmeet Singh, AAG Haryana. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) regular bail to the petitioner, in case bearing FIR registered for the offences punishable under Section Drugs and Psychotropic Substances Act, 1985 (Section 29 of the NDPS Act added later on) District Gurugram. The gravamen of FIR in question of being involved in an FIR pertaining to NDPS Act 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT AT AT AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH 2026 2026 2026 2026 ….Petitioner ….Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Advocate for the petitioner. Mr. Gurmeet Singh, AAG Haryana. petition has been filed under Section 483 of the Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of in case bearing FIR No.427 dated 19.10.2025, ences punishable under Section 15(c) of the Narcotic Act, 1985 (for short ‘NDPS Act’) (Section 29 of the NDPS Act added later on), at Police Station Bilaspur, in question is that the petitioner is an pertaining to NDPS Act involving 1111 Petitioner ….Respondent of the for grant of , Narcotic Act’) Bilaspur, an involving MAHAVIR SINGH 2026.04.24 15:58 I attest to the accuracy and authenticity of this order/ judgment 2222 CRM CRM CRM CRM----M M M M----21128 21128 21128 21128----2026 2026 2026 2026 alleged recovery of 107 kg 180 grams of poppy straw from the co-accused of the petitioner, namely, Uday Singh Katheria; on the disclosure of said co- accused, the petitioner was nominated in this case. 3. Learned counsel for the petitioner has iterated that the petitioner is in custody since 22.10.2025. Learned counsel has further submitted that the petitioner has been falsely implicated into the FIR in question. Learned counsel has iterated that mandatory provisions of the NDPS Act have not scrupulously been complied with, and thus, the prosecution case suffers from inherent defects. Learned counsel has further iterated that assuming arguendo, the prosecution version is taken to be correct, the petitioner has been nominated into the FIR question on the basis of disclosure of co- accused, namely, Uday Singh Katheria, from whom, alleged recovery of contraband was effected. Learned counsel has further iterated that the petitioner has suffered incarceration for more than 06 months. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, thus, the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record the custody certificate dated 23.04.2026, in the Court today, which is taken on record. 5. I have heard counsel for the rival parties and have gone through the available records of the case. 6. The petitioner was arrested on 22.10.2025, whereinafter, investigation was carried out and the challan qua the petitioner stands MAHAVIR SINGH 2026.04.24 15:58 I attest to the accuracy and authenticity of this order/ judgment 3333 CRM CRM CRM CRM----M M M M----21128 21128 21128 21128----2026 2026 2026 2026 presented on 04.02.2026. Total 21 prosecution witnesses have been cited, out of which, none has been examined till date. Charges are stated to be framed on 19.03.2026. The contraband alleged to have been recovered from the co-accused of the petitioner, is 107 kg 180 grams of poppy straw, and on the basis of disclosure of co-accused – Uday Singh Katheria, the petitioner has been implicated, in this case. As per prosecution version, there is no other material available to connect the petitioner with the contraband except for the said disclosure statement. It is pertinent to note that such disclosure statements, in the absence of corroborative evidence hold limited evidentiary value and cannot be sole basis for implicating the petitioner. The reliance on this unsubstantiated statement raises serious doubts about the fairness and objectivity of the investigation. It is not in dispute that the petitioner was not present at the spot. The veracity and weightage required to be attached to the disclosure statement made by the co-accused will be fully tested at the time of trial. The rival contentions raised at Bar give rise to debatable issues, which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1. At this juncture, it would be apposite to refer to a judgment passed by this Court in Anshul Sardana versus State of Punjab Anshul Sardana versus State of Punjab Anshul Sardana versus State of Punjab Anshul Sardana versus State of Punjab, passed in CRM CRM CRM CRM----M M M M----65094 65094 65094 65094----2024 2024 2024 2024 (2025: PHHC:004198), wherein, after relying upon the ratio decidendi of the judgments of the Hon’ble Supreme Court in Tofan MAHAVIR SINGH 2026.04.24 15:58 I attest to the accuracy and authenticity of this order/ judgment 4444 CRM CRM CRM CRM----M M M M----21128 21128 21128 21128----2026 2026 2026 2026 Singh versus State of Tamil Nadu, AIR 2020 Supreme Court 5592; Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu versus State of Gujrat, Narcotics Control Bureau, 2024 INSC 290; State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr.’, 2022 (1) RCR (Criminal) 762; and Vijay Singh vs. The State of Haryana, bearing Special Leave to Appeal (Crl.) No.(s) 1266/2023, decided on 17.05.2023, has held thus: ““““6.3 It is a well established principle of law that a confession made by a co-accused under Section 67 of the NDPS Act is inherently a very weak piece of evidence. Such statement(s), by themselves, cannot form the sole basis for the conviction of an individual and must be scrutinized with utmost caution in conjunction with other substantive evidence. Moreover, no recovery has been effected from the possession of the petitioner, who has been subsequently implicated as an accused solely on the basis of disclosure statement of the co-accused. However, as regular bail pertains to life and liberty of individual, Courts are obligated to strike a balance between safeguarding personal liberty and ensuring the effective administration of justice as also investigation. The final evidentiary value and admissibility of the disclosure statement made by a co-accused fall within the domain of the trial Court and are to be adjudicated during the course of the trial in accordance with established principles of law. However, while adjudicating a plea for regular bail, this Court cannot remain oblivious to the circumstances under which the petitioner has been arraigned or implicated, including the nature of the allegations, the evidence linking the petitioner to the offence as well as the specific role attributed to the petitioner in the commission of the alleged offence. A prima facie examination of these factors is essential to ensure that the process of law is not misused, abused or misdirected.”””” 6.2. As per custody certificate dated 23.04.2026 filed by the learned State counsel, the petitioner has already suffered incarceration for a period of 06 months and 02 days, & is not shown to be involved in any other FIR(s). Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed allowed allowed allowed. Petitioner is ordered to be released on regular bail, if not required in any other case, on MAHAVIR SINGH 2026.04.24 15:58 I attest to the accuracy and authenticity of this order/ judgment 5555 CRM CRM CRM CRM----M M M M----21128 21128 21128 21128----2026 2026 2026 2026 his furnishing bail/surety bonds to the satisfaction of the Ld. concerned trial Court/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned trial Court/Duty Magistrate, the petitioner shall remain bound by the following conditions: (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. (viii) The petitioner shall submit, on the first working day of every month, an affidavit, before the concerned trial Court, to the effect that he has not been involved in commission of any offence after being released on bail. In case the petitioner is found to be involved in any offence after his being enlarged on bail in the present FIR, on the basis of his affidavit or otherwise, the State is mandated to move, forthwith, for cancellation of his bail which plea, but of course, shall be ratiocinated upon merits thereof. MAHAVIR SINGH 2026.04.24 15:58 I attest to the accuracy and authenticity of this order/ judgment 6666 CRM CRM CRM CRM----M M M M----21128 21128 21128 21128----2026 2026 2026 2026 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned trial Court/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. 11. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. ((((SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL)))) JUDGE JUDGE JUDGE JUDGE April 24 April 24 April 24 April 24, 2026 , 2026 , 2026 , 2026 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2026.04.24 15:58 I attest to the accuracy and authenticity of this order/ judgment