CRM-M-33276-2026 1 221 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33276-2026 Date of Decision: 09.07.2026 DAVENDER KUMAR @ JITENDER @ JITTU @ BHAYA ...Petitioner Vs. STATE OF HARYANA ...Respondent CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: Mr. Ashwani Bhardwaj, Advocate for the petitioner. Mr. Karan Veer Singh, Senior DAG, Haryana. VIRINDER AGGARWAL , J. (Oral) 1. The present second petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with Section 439 of the Code of Criminal Procedure, 1973, seeking grant of regular bail to the petitioner during the pendency of trial in FIR No. 120 dated 25.05.2025, registered under Sections 15(c) and 27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Bhattu Kalan, District Fatehabad, Haryana. The first petition was dismissed as withdrawn on 07.04.2026. 2. As per the prosecution, the case originates from the apprehension of co-accused Mohan Lal on 25.05.2025, from whom 78.670 kg of poppy husk was allegedly recovered from Bolero Camper No. RJ-10-GB-0063. Thus, co-accused Mohan Lal was the only person found in conscious and physical possession of the contraband. It is alleged that during investigation, co- accused Mohan Lal initially disclosed that he was dealing in poppy husk and had purchased the same from one Biju. Subsequently, in a further disclosure statement, he allegedly named the present petitioner Devender Kumar @ KUMUD VERMA 2026.07.10 10:01 I attest to the accuracy and integrity of this document Chandigarh CRM-M-33276-2026 2 Jitender @ Jitu Bhaiya as the person from whom the contraband was supplied. On the basis of the subsequent disclosure statement, the petitioner was arrested and Section 27-A of the NDPS Act was invoked against him. The prosecution further alleges that the petitioner, in his disclosure statement, admitted purchasing poppy husk from co-accused Vijay @ Biju and selling the same to Mohan Lal at a profit. It is also alleged that the petitioner had used Scorpio vehicle No. GJ-23-CE-3863 for supplying the contraband and that an amount of Rs.4,500/- was recovered pursuant to his disclosure statement. After completion of investigation, report under Section 193 of the BNSS has been presented before the learned Trial Court. 3. Learned counsel for the petitioner submits that the present petition is the second petition for grant of regular bail and the earlier petition was withdrawn on 07.04.2026. It is contended that the petitioner has been in custody since 05.07.2025 and is no longer required for any custodial interrogation. Learned counsel submits that the petitioner has been falsely implicated and was neither named during the initial stage of investigation nor was there any allegation against him at the time of the alleged recovery. It is contended that the recovery of 78.670 kg of poppy husk was effected solely from co-accused Mohan Lal, who was found in conscious possession of the contraband, and no contraband whatsoever has been recovered from the present petitioner. 3.1 It is further argued that the petitioner was implicated subsequently only on the basis of disclosure statements. The first disclosure statement of co-accused Mohan Lal named one Biju as the supplier and did not mention the petitioner, whereas the petitioner was introduced only through KUMUD VERMA 2026.07.10 10:01 I attest to the accuracy and integrity of this document Chandigarh CRM-M-33276-2026 3 a subsequent disclosure statement. Learned counsel submits that the shifting prosecution version itself creates doubt regarding the petitioner's involvement and the case against him is primarily based upon disclosure statements, which cannot be treated as substantive evidence. 3.2 Learned counsel further submits that the alleged Scorpio vehicle, which is stated to have been used for transportation of contraband, has not been recovered. It is argued that the alleged recovery of Rs.4,500/- pursuant to disclosure statement, without any supporting financial trail, transaction record or independent corroboration, does not make out a case of financing illicit traffic under Section 27-A of the NDPS Act. 3.3 It is also submitted that the alleged mobile phone recovered from the petitioner has not yielded any conclusive forensic material to establish any transaction, communication or supply of contraband. Learned counsel contends that the rigours of Section 37 of the NDPS Act are not attracted against the petitioner in the absence of any recovery, independent corroboration or material showing his involvement in financing or organised illicit trafficking. 3.4 Learned counsel further submits that the investigation stands concluded, the report under Section 193 BNSS has already been presented, charges have been framed and the petitioner has remained in custody for about 11 months. Since the petitioner is no longer required for investigation and the trial is likely to take considerable time, he deserves to be enlarged on regular bail during the pendency of trial. 4. Notice of motion. KUMUD VERMA 2026.07.10 10:01 I attest to the accuracy and integrity of this document Chandigarh CRM-M-33276-2026 4 5. Mr. Karan Veer Singh, Senior DAG, Haryana has put in appearance on behalf of the respondent-State and has filed the custody certificate dated 07.07.2026, which is taken on record, subject to all just exceptions. As per the custody certificate, the petitioner has already undergone a total custody period of 11 months and 29 days. 6. Learned State counsel opposes the prayer for grant of regular bail and submits that the allegations against the petitioner are serious in nature, involving recovery of commercial quantity of contraband. It is contended that the petitioner has criminal antecedents and is not a first-time offender. Learned State counsel further submits that the petitioner has been implicated on the basis of material collected during investigation and the rigours of Section 37 of the NDPS Act are attracted. Accordingly, prayer for dismissal of the bail petition is made. 7. Be that as it may, considering that the petitioner has been in custody since 05.07.2025, i.e. for more than 11 months, and the fact that no recovery of any contraband has been effected from him, he was not named in the FIR and his implication is based on subsequent disclosure statements, the case of the petitioner requires consideration. It is evident from the record that co-accused Mohan Lal, from whom the alleged recovery of contraband was effected, initially made a disclosure statement stating that he had purchased the contraband from one Biju. Subsequently, a further disclosure statement was recorded by co-accused Mohan Lal, wherein the present petitioner was implicated with the allegation that Mohan Lal had purchased the contraband from the petitioner and the petitioner, in turn, had procured the same from Biju. Further, the investigation stands completed, the challan has already been KUMUD VERMA 2026.07.10 10:01 I attest to the accuracy and integrity of this document Chandigarh CRM-M-33276-2026 5 presented before the learned Trial Court, charges have been framed and none of the prosecution witnesses have been examined till date. 8. Reliance is placed upon the judgment of the Hon’ble Apex Court in Dataram Singh v. State of Uttar Pradesh & Another, 2018 (2) R.C.R. (Criminal) 131, wherein it has been held that grant of bail is the rule and refusal thereof is an exception, and that a person is presumed to be innocent until proven guilty. It is further submitted that the right to speedy trial forms an integral part of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India, and the same has been consistently recognised by the Hon’ble Supreme Court, including in Balwinder Singh v. State of Punjab & Another (SLO (Crl.) No. 8523/2024). In the present case, the trial is likely to consume considerable time before reaching its logical conclusion. In these circumstances, continued incarceration of the petitioner would serve no useful purpose, particularly when the trial can be effectively safeguarded by imposing appropriate conditions. 9. Accordingly, the present petition is allowed, and the petitioner is ordered to be admitted on regular bail, subject to furnishing requisite bail and surety bonds to the satisfaction of the learned Chief Judicial Magistrate concerned/Illaqa Magistrate/Duty Magistrate, as the case may be, and further subject to the following conditions:- 1. The petitioner shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts and circumstances of the case so as to dissuade such person from disclosing such facts before the Court or to the investigating agency. 2. The petitioner shall not tamper with the prosecution evidence in any manner whatsoever, nor shall attempt, directly or indirectly, to influence, intimidate, or contact any prosecution witness. KUMUD VERMA 2026.07.10 10:01 I attest to the accuracy and integrity of this document Chandigarh CRM-M-33276-2026 6 3. The petitioner shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event he is in possession of a passport, he shall furnish its particulars before the Investigating Officer as well as the learned Trial Court. 4. The learned Illaqa Magistrate/Duty Magistrate, before accepting the bail and surety bonds, shall obtain from the petitioner his permanent residential address as well as present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours from the acceptance of the bail bonds and shall place a verification report on the record. In the event either of the addresses is found to be false, fictitious, or incorrect, it shall be open to the prosecution to seek cancellation of the concession of bail in accordance with law. 5. The petitioner shall furnish before the learned Trial Court, either at the time of furnishing the bail bonds or within such period as may be specified by the Court, Permanent Account Number (PAN), Aadhaar Number, particulars of all operative bank accounts, and a declaration disclosing details of immovable properties, if any. Any concealment of material particulars or furnishing of false information shall constitute a valid ground for seeking cancellation of bail in accordance with law. 6. The petitioner shall intimate the Investigating Officer as well as the learned Trial Court, in writing, of any change in residential address or mobile number within seven days from the date of such change. 7. The petitioner shall not commit any offence of a similar nature during the pendency of the trial and shall remain present before the learned Trial Court on each and every date fixed, unless his personal appearance is exempted in accordance with law. He shall not absent himself from the proceedings without obtaining prior permission of the learned Trial Court. In the event of any violation of the aforesaid conditions or his unauthorized absence from the trial proceedings, it shall be open to the learned Trial Court to proceed in accordance with law, including cancellation of the concession of regular bail and issuance of appropriate coercive process, including warrants of arrest. (VIRINDER AGGARWAL) JUDGE KUMUD VERMA 2026.07.10 10:01 I attest to the accuracy and integrity of this document Chandigarh CRM-M-33276-2026 7 09.07.2026 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA 2026.07.10 10:01 I attest to the accuracy and integrity of this document Chandigarh