CRM-M-34719-2026 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH 105 CRM-M-34719-2026 (O&M) Date of decision: 06.07.2026 Rohit ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Akash Juneja, Advocate for the petitioner. (Through VC) Mr. Apoorv Garg, Addl. A.G., Haryana. MANISHA BATRA, J. (Oral) 1. The present petition has been filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking the concession of anticipatory bail in FIR No.271 dated 03.06.2026, registered under Sections 21-B, 25 and 29 of the NDPS Act, 1985 at Police Station Sadar, Bhiwani. 2. Brief facts of the case relevant for the purpose of disposal of this petition are that on 03.06.2026, on the basis of a secret information, co-accused Manish was apprehended by a police party and 9.17 grams of heroin was recovered from his possession. During investigation, the said accused disclosed that he had purchased the contraband from the present petitioner. It is further alleged that a sum of Rs.10,000/- was transferred by the co-accused into the petitioner's bank account towards part payment for the contraband. On the basis of the said disclosure statement, the petitioner has MOHAMMAD WASEEM ANSARI 2026.07.07 10:11 I attest to the accuracy and integrity of this document CRM-M-34719-2026 (O&M) -2- been nominated as an accused in the present case. Apprehending his arrest, the petitioner moved an application for grant of anticipatory bail, which has been dismissed by the Court of learned Additional Sessions Judge, Bhiwani, vide order dated 22.06.2026. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of the disclosure statement of the above named co-accused, which cannot be considered to be admissible in evidence. It is argued that no recovery has been effected or is to be effected from the petitioner and there is no independent material connecting him with the alleged offence. It is further submitted that the petitioner is ready to join the investigation. He has permanent roots in society. He is not likely to abscond or tamper with the evidence. Hence, it is urged that he deserves to be given the concession of anticipatory bail. 4. Notice of motion. 5. Learned State counsel, who had advance notice of the petition and is ready to argue the matter, has submitted that the petitioner has been specifically named by co-accused Manish as the supplier of the recovered contraband. He has received an amount of Rs.10,000/- into his bank account from the co-accused as part payment on account of sale of contraband. The investigation is at a crucial stage. Custodial interrogation of the petitioner is necessary to unearth the source and chain of supply of narcotic substances, and grant of anticipatory bail is likely to prejudice the ongoing investigation. Hence, it is urged that the petition is liable to be dismissed. 6. This Court has heard the rival submissions. 7. The petitioner is alleged to have supplied the contraband MOHAMMAD WASEEM ANSARI 2026.07.07 10:11 I attest to the accuracy and integrity of this document CRM-M-34719-2026 (O&M) -3- recovered from co-accused Manish. Although the petitioner is not named in the FIR, during investigation the co-accused has specifically attributed the role of supplier to him. Significantly, the prosecution has also placed reliance upon documentary material in the form of bank transactions indicating transfer of an amount of Rs.10,000/- by the co-accused to the petitioner's account, which lends prima facie support to the prosecution version. At this stage of investigation, the Court cannot ignore such material merely because the petitioner was subsequently nominated. The allegations pertain to supply of narcotic substances and the investigation is still at a nascent stage. Custodial interrogation of the petitioner appears necessary to ascertain the source of the contraband and the larger supply chain. In case his custodial interrogation is denied to the investigating agency, the same will leave many glaring loopholes and gaps adversely affecting the investigation. The powers under Section 482 of BNSS are extraordinary and the same are to be exercised sparingly in exceptional circumstances. The judicial discretion conferred upon the Court has to be properly exercised after application of mind as to the nature and gravity of the accusation, possibility of applicant fleeing from justice and other factors to decide whether it is a fit case for grant of anticipatory bail as such grant to some extent interferes in the sphere of investigation of an offence. The Court has also to see that an order of anticipatory bail should not operate as inroad in the normal legal procedure of criminal cases by the trial Court. The custodial interrogation of a suspected person is qualitatively more elicitation oriented than questioning a suspect who is well ensconced with a favourable order under Section 482 of BNSS. The Court must be circumspect while exercising such power for grant of anticipatory bail and it should not be MOHAMMAD WASEEM ANSARI 2026.07.07 10:11 I attest to the accuracy and integrity of this document CRM-M-34719-2026 (O&M) -4- granted as a matter of rule and has to be granted only when the Court is convinced that exceptional circumstances exist to resort to that extra ordinary remedy. In the present case, no such exceptional circumstances warranting exercise of the powers for grant of anticipatory bail by this Court are existing. As such, this Court is of the considered opinion that the petition does not deserve to be allowed. Accordingly, the same is dismissed. 8. It is made clear that the observations made hereinabove are only for the purpose of deciding the present petition and the same shall not be construed as an expression of opinion on the merits of the case. 06.07.2026 (MANISHA BATRA) Waseem R. Ansari Waseem R. Ansari Waseem R. Ansari Waseem R. Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHAMMAD WASEEM ANSARI 2026.07.07 10:11 I attest to the accuracy and integrity of this document