CRM-M-27158- IN THE H (230) SUNNY STATE OF HAR CORAM: HON Present: Mr. Mr. N MANISHA BATR 1. The 483 of Bharatiya N of regular bail in under Section 21C (for short “NDPS 2. As pe that two persons, n are involved in the bearing registratio quantity of heroi constituted and a apprehended by -2026 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH Versus HARYANA HON'BLE MRS. JUSTICE MANIS Mr. Akshit Mehta, Advocate for the p Mr. Neeraj Poswal, AAG, Haryana **** BATRA, J. (ORAL) The instant petition has been filed atiya Nagarik Suraksha Sanhita, 2023 ail in case arising out of FIR No.57 on 21C and 29 of Narcotic Drugs and DPS Act”) at Police Station Sirsa City per the allegations, secret informa sons, namely Ajay Nath @ Avdesh an the business of selling heroin and istration No. HR-51-AX-4121 with th heroin. Acting upon the said infor and a search was conducted, pursuan d by the police. During the search JAB AND HARYANA AT ARH CRM-M-27158-2026 (O&M) Date of decision : 19.05.2026 ... Petitioner ...Respondent ANISHA BATRA r the petitioner filed by the petitioner under Section , 2023 (for short “BNSS”) for grant 57 dated 02.02.2025 registered gs and Psychotropic Substances Act sa City, District Sirsa. formation was received to the effect esh and Rajender Nath @ Kali Nath, n and they had come to Sirsa in a car with the intention of selling a large information, a raiding party was ursuant to which both of them were search, 452 grams of heroin was M) 2026 oner dent ction grant tered Act ffect ath, a car large was were was AMIT SHARMA 2026.05.19 18:51 I attest to the accuracy and integrity of this order/judgment. CRM-M-27158- recovered from th arrested at the plac NDPS Act. Both statements to the e the present petitio disclosure, the pre arrested on 29.12 admitting the fac business of sellin Investigation now 3. It is a falsely implicated accused which c petitioner was not He is in custody conclude. No us anymore. The a submissions, it is deserves to be all 4. Notic 5.
       that the all -2026 (O&M) 2 rom the right pocket of Ajay Nath @ he place after following the usual form Both the co-accused were interrogate o the effect that the recovered contrab petitioner for a consideration of Rs the present petitioner was nominated a 29.12.2025. The petitioner also s he fact that he alongwith his friend selling heroin and he had sold the c n now stands concluded. It is argued by learned counsel for t licated in this case on the basis of ich cannot be considered to be ad as not named in the FIR. No recover ustody since 29.12.2025. Trial wi No useful purpose would be served The antecedents of the petitioner , it is urged that he deserves to be rel be allowed. Notice of motion.                  the allegations against the petitioner a ath @ Avdesh. Both of them were l formalities under Section 42 of the rogated and they suffered disclosure ontraband had been purchased from of Rs.6,20,000/-. On the basis of ated as accused in the case and was also suffered disclosure statement friend Sukha was involved in the the contraband to the co-accused. l for the petitioner that he has been sis of disclosure statements of co- be admissible in evidence. The ecovery has been effected from him. ial will take considerable time to erved by detaining him in custody are clean. With these broad be released on bail and the petition                oner are serious in nature. He is the were f the sure from is of was ment the . been - The him. e to tody road tition   the AMIT SHARMA 2026.05.19 18:51 I attest to the accuracy and integrity of this order/judgment. CRM-M-27158- supplier of the c Section 37 of the from the co-accuse petition does not 6. The p to the co-accused was disclosed by sourced the contra Nadu, (2021) 4 disclosure stateme evidence unless co disclosure stateme trial, however, at effected from the petitioner’s antece connect the petiti connected with the has been complet prosecution witne facts and circumst purpose would be into consideration comments on the manner, the petiti -2026 (O&M) 3 the contraband which had been rec of the NDPS is attracted in this case accused is of commercial quantity. s not deserve to be allowed. The petitioner is alleged to have supp cused which is of commercial quantit ed by the co-accused. As per their contraband from the petitioner. In To ) 4 SCC 1, it was observed by H tatements made under Section 67 of N less corroborated by independent mate tatements against the petitioner will b er, at this stage, it cannot be ignore m the petitioner. The petitioner was antecedents are clean. There is nothi petitioner either with the subject cr ith the co-accused in any manner at t mpleted. Conclusion of trial would witness has been examined so far. K rcumstances, this Court is of the cons uld be served by keeping the petitione ration the above discussed facts but n the merits of the case lest the sa petition is allowed and the petitione en recovered from the co-accused. is case as the contraband recovered tity. It is, therefore, argued that the pplied the recovered contraband uantity. The name of the petitioner their disclosure statements, he had Tofan Singh Vs. State of Tamil by Hon’ble Apex Court that the 7 of NDPS Act, are inadmissible in nt material. While the veracity of the will be tested during the course of ignored that no recovery has been r was arrested on 29.12.2025. The s nothing on record, at this stage, to ject crime or to show that he was er at the relevant time. Investigation ould take considerable time as no far. Keeping in view the aforesaid e considered opinion that no useful titioner in custody anymore. Taking but without meaning to make any the same prejudice the trial in any titioner is ordered to be released on used. ered t the band ioner had mil t the le in f the se of been The e, to was ation s no esaid seful king any any d on AMIT SHARMA 2026.05.19 18:51 I attest to the accuracy and integrity of this order/judgment. CRM-M-27158- bail, subject to his learned trial Court 7. Since any, is rendered in 19.05.2026 Amit Sharma -2026 (O&M) 4 to his furnishing personal and surety b Court/Chief Judicial Magistrate/Duty Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes Whether reportable:- Yes/No urety bonds to the satisfaction of the /Duty Magistrate concerned. allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No f the n, if AMIT SHARMA 2026.05.19 18:51 I attest to the accuracy and integrity of this order/judgment.