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CRM-M-34276-2026
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 208 CRM-M-34276-2026 Decided on : 08.07.2026 MOHD. FAIYYAZ .....PETITIONER Versus STATE OF HARYANA ......RESPONDENT
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Charanpreet Singh, Advocate for the petitioner. Mr. Vinay Malhotra, DAG, Punjab. ***** SANJAY VASHISTH, J.
1. The instant petition has been filed under Section 482 of BNSS, 2023 (earlier Section 438 Cr.P.C.), seeking grant of anticipatory bail in case FIR No.27 dated 19.01.2026, under Section 20(b)(ii) B of NDPS Act, 1985, registered at Police Station Shivaji Nagar, District Gurugram.
2. As per allegations in the FIR, from the possession of main accused Shakib Hussain Ansari, who is resident of Bihar, 5kg and 22 grams of Ganja was recovered. Subsequent to the registration of FIR and on the basis of disclosure statement of main accused Shakib Hussain Ansari, petitioner was also implicated as one of the accused, being supplier of the recovered ganja.
3.
Learned counsel for the petitioner submits that apart from the disclosure statement of the co-accused, no other evidence is collected during the investigation by the Investigating Officer and such disclosure statement is not even admissible under the law. It is contended that merely, on the basis of call details, alleged by the prosecution between the petitioner and Page 1 of 3 Pages PRIYANKA 2026.07.09 17:50 I attest to the accuracy and integrity of this document
CRM-M-34276-2026
the main accused Shakib Hussain Ansari, it cannot be assumed that petitioner was dealing in contraband (ganja) which was recovered from co-accused Shakib Hussain Ansari. Status report dated 03.07.2026 by way of an affidavit of Sh. Naveen Sharma, HPS, Assistant Commissioner of Police, Crime-I, Gurugram has been filed on behalf of the respondent-State, which is taken on record. A copy thereof has been supplied to learned counsel for the petitioner.
4. In the facts and circumstances of the case, this Court does not find it necessary to keep the present petition pending any further and, accordingly, deems it appropriate to dispose of the same, with the direction to the petitioner to join the investigation within two weeks from today or as and when called by the investigating officer, and in the eventuality of the arrest, petitioner would be released on anticipatory bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).
5. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. 6.. However, it is made clear that the aforesaid concession shall be deemed to be rendered inoperative, in the event, petitioner fails to join the investigation, within the stipulated time, or fails to comply with the terms and conditions, as may be imposed, in accordance with law. Page 2 of 3 Pages PRIYANKA 2026.07.09 17:50 I attest to the accuracy and integrity of this document
CRM-M-34276-2026
7. With the directions recorded here above, present petition stands
disposed of.
(SANJAY VASHISTH) JUDGE 08.07.2026 pry Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO Page 3 of 3 Pages PRIYANKA 2026.07.09 17:50 I attest to the accuracy and integrity of this document