CRM-M-34075-2026 -1- 213 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34075-2026 Date of Decision: 09.07.2026 Dinesh Jaat alias Dinesh Jat …Petitioner vs. State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Vikas Bishnoi, Advocate for the petitioner. Mr. Rajiv Sidhu, Sr. DAG, Haryana. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the instant petition under Section 482 of BNSS (Section 438 of Cr.P.C) for the grant of anticipatory bail to him in case FIR No. 412 dated 21.11.2025 under Sections 15 of NDPS Act, 1985 but during investigation Section 15 of NDPS Act, 1985 has been deleted and Section 15(b), 27-A and 29 of NDPS Act, 1985 has been added, registered at Police Station Sadar Fatehabad District Fatehabad. 2. The FIR in the present case was registered on the basis of the complaint made by ASI Chander Kanta and the same is reproduced below:- “To, The Station House Officer, Police Station Sadar Fatehabad. Jai Hind. Today I, ASI along with Lady Head Constable Alka 363, EASI Sugreev Kumar no. 967 along with Government vehicle bearing registration No. HR-22GV-7803 which is driven by driver Satpal (Kaushal Rojgar) with personal laptop and printer and were going from Fatehabad City towards Dhangad village on service lane built along with Hisar-Sirsa HEMLATA 2026.07.13 16:54 I attest to the accuracy and integrity of this document CRM-M-34075-2026 -2- bypass road for patrolling. That three women were seen walking on foot carrying a plastic bag in their hands from front side and in which one woman was holding plastic bag from mouth side and other two women were holding plastic bag from bottom corner and on seeing Government Police vehicle they suddenly turned and started walking fast. That on basis of suspicion I, ASI along with my fellow colleagues got down from vehicle and overpowered them and asked their name and address then woman who was holding bag from mouth side told her name as Charanjeet Kaur alias Charno wife of Baldev Singh son of Nakhshetra Singh resident of Patti Sandil Maharaj Bhatinda Punjab and lady who was holding plastic bag from bottom corner told her her name as Jaswinder Kaur alias Bindra wife of Bhola Singh son of Toga Singh resident of Patti Kala Maharaj, Bhatinda, Punjab and the third woman gave her name as Baljeet Kaur wife of Kohra Singh son of Pratap Singh Tarkhanwala, Muktsar, Punjab. On suspicion of presence of some narcotic substance in their plastic bag. 1, ASI issued separate notices to all three women under Section 50 of the NDPS Act stating that 'I, ASI Chandrakanta No. 174/Fatehabad Police Station Sadar Fatehabad informs you Charanjit Kaur alias Charan wife of Baldev Singh son of Nakhshetra Singh resident of Sandeel Maharaj, Bhatinda, Punjab, Jaswinder Kaur alias Binder wife of Bhola Singh son of Toga Singh resident of Maharaj, Punjab and Baljit Kaur wife of Kohra Singh son of Pratap Singh, Tarkhanwala, Muktsar, Punjab to the effect that I suspect that there is some narcotic substance in the plastic bag which you are carrying and therefore it is necessary to search your plastic bag. All of you have legal right that if you want to get plastic bag to be searched in front of any Gazetted Officer or Duty Magistrate then they can be called on spot or you can be produced before them for search. That Charanjit Kaur alias Charan, Jaswinder Kaur alias Binder and Baljit Kaur have gone through above said notice and got recorded their separate reply notice under section 50 NDPS HEMLATA 2026.07.13 16:54 I attest to the accuracy and integrity of this document CRM-M-34075-2026 -3- Act that we have thoroughly heard and understood notice 50 NDPS Act given by you. We want that plastic bag which is in our possession to be searched by any Gazetted Officer by calling him on the spot only. Above said Charanjit Kaur alias Charan, Jaswinder Kaur alias Binder and Baljit Kaur and witnesses have signed notice and reply notice respectively. After notice proceedings are over, I, ASI from my personal phone number 9996155440 informed Sh. Ravindra Saini, Assistant Excise and Taxation Officer, Fatehabad on his mobile number 94162-65937 at 06.46 P.M. about situation and requested him to reach on spot. At 07.10 P.M., Sh. Ravindra Saini, Assistant Excise and Taxation Officer, Fatehabad reached on the spot and gave his complete introduction. Thereafter, I, ASI produced all three women above mentioned Charanjit Kaur alias Charan, Jaswinder Kaur alias Binder and Baljit Kaur and witnesses along with notice and reply notice before Sh. Ravindra Saini, Assistant Excise and Taxation Officer, Fatehabad. Meanwhile on my information Vishnu Sarpanch representative of Gram Panchayat Dhangad arrived on spot. I, ASI gave my mobile phone to my fellow colleagues EASI Sugreev Kumar No. 967 and instructed him to record videography on e-sakshya app. After going through situation and enquiry, Sh. Ravindra Saini, Assistant Excise and Taxation Officer, Fatehabad instructed Lady Head Constable Alka No. 363 to search me ASI and that no other items were found with me then Sh. Ravindra Saini, Assistant Excise and Taxation Officer, Fatehabad instructed me ASI to carry out search of all three women in front of him. On above said instructions, I, ASI recovered Rs.120/- from above mentioned woman Charanjeet Kaur, Rs.320/- from above mentioned woman Jaswinder Kaur and Rs.820/- from above mentioned woman Baljeet Kaur, totaling Rs.1260/- which were taken into police custody through individual/personal search memo and memo was signed by above mentioned women and witnesses respectively and Sh. Ravindra Saini, Assistant Excise and Taxation HEMLATA 2026.07.13 16:54 I attest to the accuracy and integrity of this document CRM-M-34075-2026 -4- Officer, Fatehabad attested memo of personal search. Thereafter, in presence of Sh. Ravindra Saini, Assistant Excise and Taxation Officer, Fatehabad, Duty Magistrate, I, ASI searched plastic bag recovered from above mentioned women and found poppy husk inside plastic bag. When recovered poppy husk was weighed with electronic weighing scale kept in vehicle, then total weight of bag comes out as 14 kg. Planda of recovered poppy husk was prepared and plastic bag of white colour was put in planda it was stamped with seal CK/3. A sample seal was prepared. Recovered poppy husk all stamped along with the sample seal were taken into police custody through property seizure memo as evidence. Property seizure memo was signed by above mentioned accused Charanjit Kaur alias Charan, Jaswinder Kaur alias Bindra and Baljeet Kaur and witnesses respectively. I, ASI handed over stamp after use to Lady Head Constable Alka No. 363 Fatehabad Police Station Sadar Fatehabad and Sh. Ravindra Saini, Assistant Excise and Taxation Officer, Fatehabad left spot at around 07.50 P.M. after giving necessary instructions. Above mentioned accused Charanjit Kaur alias Charan, Jaswinder Kaur alias Binder and Baljeet Kaur have committed offence under sections 15-61-85 of NDPS Act by keeping total 14 kg of poppy husk in their possession. Therefore, information has been written on personal laptop and is being sent to Police Station in Government vehicle through EASI Sugreev Kumar No. 967 Police Station Sadar Fatehabad for registration of case. Therefore, case should be registered and case number should be informed and another competent investigation officer should be sent to spot for further investigation. I, ASI is present on the spot along with fellow colleagues, accused and case property. Today Near Dhangad Bridge Service Road NH-9, Fatehbad. ASI Chander Kanta.” 3. Learned counsel for the petitioner contends that the petitioner was not named in the FIR, nor any recovery was effected from him. He further HEMLATA 2026.07.13 16:54 I attest to the accuracy and integrity of this document CRM-M-34075-2026 -5- submits that the name of the petitioner has surfaced only in the disclosure statement of his co-accused, who was arrested from the spot. In his alleged disclosure statement, the co-accused stated that he had purchased the contraband from the petitioner. Learned counsel further contends that except the disclosure statement suffered by his co-accused, there was no other evidence 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 the petitioner is an interested smuggler and is involved in the following four cases:- “1. FIR No.413 Dated 21.11.2025 under Sections 15B/27-A of NDPS Act registered at Police Station Sadar Fatehabad District Fatehabad. (Pending). 2. FIR No.448 Dated 21.11.2025 under Sections 15B/27-A of NDPS Act registered at Police Station Sadar Fatehabad District Fatehabad. (Pending). 3. FIR No.162 Dated 18.07.2022 under Sections 8/29 of NDPS Act registered at Police Station Gagrar District Chittorgarh. (Pending). 4. FIR No.77 Dated 27.02.2023 under Sections 8/29 of NDPS Act registered at Police Station Sadar Chittorgarh District Chittorgarh. (Pending).” 5. He further submits that in the present case also, there is sufficient evidence to link the petitioner with the crime. In fact, all the co-accused had assigned specific role to him. He further submits that there is sufficient incriminating evidence in the present case against the petitioner to connect him with the commission of crime. Even during investigation, the call detail records HEMLATA 2026.07.13 16:54 I attest to the accuracy and integrity of this document CRM-M-34075-2026 -6- and certificate under Section 65-B of the Indian Evidence Act were taken and it has been found that the accused had made several calls with the present petitioner, who is a supplier of drugs. Since the allegations leveled against the petitioner are serious in nature and he is a habitual offender, the present petition deserves to be dismissed by this Court. 6. I have heard learned counsel for the parties and perused the record carefully. 7. After hearing learned counsel for the parties, I agree with the submissions made by learned State counsel in the present case. It is an admitted fact that the petitioner was involved in four more criminal cases, which were registered under the provisions of the NDPS Act. Even the cases for smuggling have been registered against the petitioner in the State of Haryana as well as in the State of Rajasthan. Apart from that, it has also come on record that the petitioner was constantly in touch with his co-accused and there was exchange of calls between the petitioner and his co-accused. Apart from that, sufficient evidence has also been collected against him, warranting the custodial interrogation of the petitioner. 8. Thus, keeping in view the gravity of offence as well as the need of custodial interrogation, the present petition deserves to be dismissed. 9. Ordered accordingly. (N.S.SHEKHAWAT) 09.07.2026 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2026.07.13 16:54 I attest to the accuracy and integrity of this document