CRM-M-32280-2026 -1- 207 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32280-2026 Date of Decision: 03.07.2026 Ashok Kumar …Petitioner vs. State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Ribhav Chadha, Advocate (through VC) for the petitioner. Mr. Vishal Singh, Assistant Advocate General, Haryana. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the instant petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail to him in case FIR No.22 dated 27.02.2026 registered under Section 21(b) of NDPS Act, at Police Station Jatusana, District Rewari. 2. The FIR in the present case was registered against the petitioner on the basis of the statement made by ASI Vikrant Yadav and the same has been reproduced below:- “Brief circumstances of the case are as follows that on 26.02.2026 at 8:50 PM, ASI Vikrant Yadav No. 497/Rewari CIA-III Kosli along with ASI Amit Kumar No. 498/Rewari, SI. Harbir No. 433/Rewari, Constable Vikas No. 04/Rewari along with government vehicle HR-36-GV-2837 driver EASI Kuldeep Raj No. 294/Rewari were present at Bareilly T-Point Bareilly Kalan for drug prevention. A special informant met him and informed ASI Vikrant that Ashok Kumar son of Rajendra resident of Dhokia, Police Station Jatusana, District Rewari, who works in selling the drug smack, has gone to Gurugram today to buy smack and will HEMLATA 2026.07.06 17:37 I attest to the accuracy and integrity of this document CRM-M-32280-2026 -2- come to his rented room at Dahina Road Bareilly after some time with smack from Gurugram. He has a Platina motorcycle without number. He is wearing black pants and a blue T-shirt. If we wait for him to come by hiding near his room on Dahina Road, Bareilly, then the drug along with smack can be caught. Considering the information to be true, after informing the fellow employees about the information, a notice under section 42 of NDPS Act was prepared and for information and for registering a report in the diary, it was sent to you at SI Harbir No. 433/Rawadi at 8:50 PM, and ASI Vikrant Yadav along with his fellow employees along with the vehicle, as per the government information, left for Dahina Road, Bareilly on rent reaching near the room, they started waiting secretly. After waiting for about 10-15 minutes, a Platina motorcycle without number plate stopped below the rented room at the place told by the informer. ASI Vikrant Yadav signaled all the officials and immediately overpowered the person sitting on the motorcycle and asked his name and address, he told his name as Ashok Kumar son of Rajendra resident of Dhokia police station Jatusana district Rewari. On the basis of information, Ashok Kumar, son of Rajendra, resident of Dhokia, Police Station Jatusana, District Rewari, was made to get down from his motorcycle for searching him and as per the rules, following Section 50 of NDPS Act, notice 50 of NDPS Act was prepared and read out and explained to him, which Ashok Kumar, after reading and listening to the notice, himself wrote the reply to the notice that I want to give my search here to the gazetted officer and after writing the reply, signed it in Hindi. Which has been verified by ASI Vikrant Yadav. Keeping him under his or his fellow employee's supervision for searching the above mentioned person Ashok Kumar as per the rules, as per the list of gazetted officers issued by the District Magistrate Rewari, the mobile number of Shri Saurabh Upadhyay BDPO Rewari was given. 9958091411 was contacted at 9.15 PM whose phone was found switched off, after which at 9.20 PM Shri Anil Kumar BDPO Nahang's mobile no. 9416261806 was HEMLATA 2026.07.06 17:37 I attest to the accuracy and integrity of this document CRM-M-32280-2026 -3- contacted. He said that I am on leave till 01-03-2026, after that at DC Camp Office Shri Lakhbir Singh's mobile no. 9466784400 was contacted who said that I will contact the officers and let you know. After that Shri Lakhbir Singh's call came back at around 10.00 PM who said that you should talk to your Halka Officer Shri Vidyanand DSP Kosli. After that DSP Kosli Shri Vidyanand HPS's mobile no. 7056666102 was contacted at 10:13 PM and after explaining the situation, the person Ashok Kumar who was under control was requested to reach the spot at Dahina Road Berli Kalan for searching the above mentioned person as per rules. He said that he would reach the spot and as an independent witness, Sarpanch representative Bharat Singh son of Ramutar resident of Berli Kalan was also informed to come to the spot. Shri Vidyanand DSP Kosli appeared at the spot at 10:50 PM and Sarpanch representative Bharat Singh also appeared on demand. ASI Vikrant Yadav informed DSP Kosli about all the circumstances. Who first of all searched ASI Vikrant Yadav and the staff present with him in front of Sarpanch representative Bharat Singh and as per instructions, when ASI Vikrant Yadav searched the arrested person Ashok Kumar in front of him, a cigarette box was found in the right pocket of Ashok Kumar's pant on which MARLBORO was written below. When it was opened and checked, light brown/pink coloured narcotic substance smack wrapped in aluminium foil paper was found and Ashok Kumar also said that the Officer, after knowing the circumstances of the case, followed. Accused Ashok Kumar was kept in the police station. The FIR of the accused was written and after interrogation, the FIR of the accused was stamped with AK stamp on the goods, case Palanda Jat and notice 57 NDPS 17 was written in which the above mentioned accused Ashok Kumar has told that he brought the drug smack from Gurugram near 4/7 Chowk Chintpurni Mandir from a boy named Moni and he has made an FIR about getting him arrested from Gurugram. According to the FIR, the above mentioned accused Ashok Kumar got his mobile phone of brand VIVO recovered which was thrown HEMLATA 2026.07.06 17:37 I attest to the accuracy and integrity of this document CRM-M-32280-2026 -4- away while being arrested at night and was taken into police custody by the FIR. The entire proceedings of the recovery have been uploaded on E. Evidence APP. The accused Ashok Kumar along with the case narcotic substance smack along with the application inventory documents was produced in the court. The above recovered goods were inventoried as per section 52A NDPS Act and order inventory was obtained. One day police custody remand of the above accused Ashok Kumar was obtained from the honorable court and the above accused Ashok Kumar was interrogated thoroughly and the case was filed before the trial court. According to the accused's Fard Inkshaf on 28-02-2026, the boy Moni, address unknown, mobile no. 9667109053, who supplied the narcotic substance smack to the above accused Ashok Kumar, was searched in Gurugram but could not be found. The above accused Ashok Kumar was produced in the court and the honorable court respectfully ordered the above accused Ashok Kumar to be put on judicial remand. The above mentioned accused Ashok Kumar is a judicial prisoner. After that on 02.03.2026, the goods of the case have been deposited in R/FSL Bhondsi as per RC No. 34 dated 02.03.2026 in the case Palanda Jat. On 08.03.2026, CDR of mobile number 8384085668 of the above mentioned accused Ashok Kumar was obtained. The CDR obtained in the case was observed in which conversation between the above mentioned accused Ashok Kumar and co-accused Moni resident unknown was found. After which on 25.03.2026, CDR & CAF of mobile number 9667109053 of co-accused Moni address unknown in the case have been obtained. On observation of which, it has been found that mobile number 9667109053 belongs to Anshika wife of Pankaj resident of house no.868, Gali No. 02, Arjun Nagar, Gurugram is registered in his name. In this case, according to the FIR filed, the above-mentioned accused Ashok Kumar was told to have made the payment of the recovered narcotic substance smack heroin from his mobile number 8384085668 through Phone-Pe on mobile number 9667109053. On this, a notice was sent to PhonePe HEMLATA 2026.07.06 17:37 I attest to the accuracy and integrity of this document CRM-M-32280-2026 -5- on 13.04.2026 under Section 94 BNSS and details were obtained by mailing it in which a transaction of Rs. 09 thousand was found to have been made by the above-mentioned accused Ashok Kumar in account number 50200097401601 on 26.02.2026. In this case, on 15.04.2026, when the result of the recovered drug Smack Heroin was not received from the accused Ashok Kumar, a DO letter was written and sent to R/FSL Bhandsi. On 20.04.2026, the bank record of account no. 50200097401601 was obtained and as evidence, Bajaria Fard Possession was taken from the police. According to the bank record, account no. 50200097401601 is opened in the name of Anshika, wife of Pankaj Kukreja, resident of Daima Niwas, house no. 514, 1st Floor Street no. 32, Laxmi Vihar Phase-2, near Shani Mandir, Gurugram. Statements were recorded by witnesses. The result of the above mentioned mobile numbers under section 63 (4) C BSA certificate and the recovered drug Smack Heroin is still pending. In this case, the arrest of co-accused Moni, resident of unknown mobile no. 9667109053 is still pending and on receipt of the result of Section 63(4)C BSA certificate of the above mentioned mobile numbers and the recovered narcotic substance smack heroin in this case, co-accused Pankaj Kukreja alias Moni son of Tilak Raj, resident of house no. 868, street no. 02, Arjun Nagar, Gurugram, Police Station New Colony, District Gurugram will be arrested and mobile no. 96671 09053 and account no. 50200097401601 holder Anshika wife of Pankaj, resident of house no. 868, street no. 02, Arjun Nagar, Gurugram will be included in the investigation and a separate Tatima challan will be prepared and presented in the honorable court. In this case, the above mentioned accused Ashok Kumar is a judicial prisoner. The The evidence against the above mentioned accused Ashok Kumar has already been passed on Safa Misal. Therefore, prepare a challan against the above accused under section 193 BNSS and present it before the honourable court within time.” HEMLATA 2026.07.06 17:37 I attest to the accuracy and integrity of this document CRM-M-32280-2026 -6- 3. Learned counsel for the petitioner contends that the petitioner has been falsely involved in the present case and recovery of 8.29 grams of smack has been planted upon him. Even at the time of effecting the recovery, the mandatory provisions of NDPS Act were not followed by the police. In fact, the petitioner is a Barber by profession and is running a shop at Bus Stand Berli Kalan and is the sole bread earner of the family. He further submits that one more case under the provisions of NDPS Act was registered against him, but he is on bail in the said case. Moreover, the recovery of contraband from the present petitioner was non-commercial in nature and the provisions of Section 37 of NDPS Act may not apply to the facts of the present case. The petitioner was arrested in the present case on 27.02.2026 and is in custody for the last more than 04 months. After completion of investigation, challan has already been presented against him. 4. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that serious allegations have been levelled against the present petitioner and he does not deserve the concession of bail by this Court. 5. I have heard the learned counsel for the parties and perused the record. 6. In the present case, the recovery of smack from the petitioner falls within the ambit of non-commercial quantity and the petitioner is stated to be in custody for the last four months. After completion of investigation, challan has already been presented against the petitioner. Thus, the conclusion of the trial may take quite a long time and further custody of the petitioner will not serve any meaningful purpose. HEMLATA 2026.07.06 17:37 I attest to the accuracy and integrity of this document CRM-M-32280-2026 -7- 7. Without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority. (ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. (iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect. (v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner involves in any other criminal activity, during the pendency of the trial, it shall be viewed seriously. (vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner. (N.S.SHEKHAWAT) 03.07.2026 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2026.07.06 17:37 I attest to the accuracy and integrity of this document