CRM-M-29007-2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-29007-2026 (O&M) Reserved on: 10.07.2026 Pronounced on: 13.07.2026 Uploaded on: 13 .07.2026 ROHTASH …Petitioner V/S STATE OF HARYANA …Respondent CORAM: HON’BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Aditya Sanghi, Advocate for the petitioner. Mr. Kshitij Bharti, AAG, Haryana. **** SHALINI SINGH NAGPAL J. 1. Petitioner seeks anticipatory bail in case arising out of FIR No.74 dated 16.04.2026, under Section 15(c) of Narcotic Drugs and Psychotropic Substances Act, 61 of 1985, Police Station Ding, District Sirsa. This is the first petition for anticipatory bail. 2. The FIR came to be registered on ruqa sent by PSI Gagandeep Singh, CIA Staff, Sirsa, alleging that on 16.04.2026, when PSI Gagandeep Singh along with his official companions was present at Suchan Mor, NH-9, in connection with investigation of crime, secret information was received that petitioner-Rohtas alias Fauji son of Balram, resident of Kharia, and Major Singh son of Mandar Singh resident of Kutiyawali, District Muktsar Sahib, Punjab were in the business of selling poppy husk and that Major Singh son of Mandar Sing was bringing poppy husk belonging to Rohtash, in heavy quantity from Ranchi, Jharkhand in canter KAPIL 2026.07.13 17:01 I attest to the accuracy and integrity of this document CRM-M-29007-2026 (O&M) 2 bearing registration No.PB-03-BM-1691. Further, if naka bandi be held on NH-9, Major Singh could be apprehended with poppy husk. Naka bandi was accordingly held and canter bearing registration No.PB-03-BM-1691 being driving by Major Singh was apprehended. The canter was checked and on search, 12 plastic sacks of white colour were recovered from the canter. On weighment, each sacks weighed 24 killogram 710 grams and total quantity recovered was 297 killogram 70 grams of poppy husk. In the vehicle, 12 jumbo bags containing carbon black N6560 were also found, each weighing 1000 kilograms as per lorry challan. After completion of necessary formalities, co-accused Major Singh was arrested. 3. Learned counsel for the petitioner submits that petitioner had been involved on disclosure statement of co-accused Major Singh that the poppy husk loaded in the canter was given to him by Rohtash @ Fauji at Ranchi, Jharkhand. Learned counsel argues that petitioner was not apprehended on the spot. No recovery was effected from his conscious possession. The canter was being driven by co-accused and he was not even owner of the canter. Confessional statement of co-accused was not admissible in evidence and it was a fit case to release the petitioner on anticipatory bail. 4. Status report by way of affidavit of Addl. Superintendent of Police, Sirsa, has been filed by learned State counsel, who submits as per disclosure statement suffered by co- accused Major Singh, the contraband was loaded by the petitioner KAPIL 2026.07.13 17:01 I attest to the accuracy and integrity of this document CRM-M-29007-2026 (O&M) 3 against payment of Rs.20,000/- as service charge. Petitioner was the master mind behind the entire trafficking operation. He had monitored every stage of the crime by accompanying Major Singh from Sirsa to Jharkhand and Kolkata, arranging cover consignment of carbon powder, paying transportation charges to the transport company. He supervised the clandestine loading of 297.70 kilogams of Chura Post through his associate, rejoined the canter taking possession of the driver’s mobile phone to maintain secrecy. Learned State counsel further submits that presence of the petitioner in the canter was corroborated by CCTV footage taken from Toll Plaza, besides documentary evidence. To avoid detection, petitioner deliberately alighted from the vehicle at Fatehabad Bypass before it reached the police checking point, with calculated design to evade arrest while permitting the vehicle to proceed towards destination. His role was central, active and indispensable in the commission of crime. He further submits that payment made by petitioner was duly verified from the concerned transport company and disclosure statement of the co-accused was not the only material against him. Custodial interrogation of the petitioner was required to unearth the source of procurement and the narcotics trafficking network operating between Jharkhand, West Bengal, Haryana and Rajasthan, to recover mobile phone, sim cards, digital evidence etc. 5. As per status report filed by the police, petitioner is involved in three cases including FIR No.137/2018, under Sections 8, 15 and 22 of NDPS Act. The offence alleged to have been KAPIL 2026.07.13 17:01 I attest to the accuracy and integrity of this document CRM-M-29007-2026 (O&M) 4 committed by the petitioner involves commercial quantity of narcotic drugs. There is a specific embargo on the grant of bail in such matters, enacted under Section 37 of the NDPS Act which makes it mandatory for the Court to record a satisfaction on the twin requirements viz that there exist reasonable grounds to believe that the applicant is not guilty of the alleged offence and that he is not likely to commit any offence while on bail. Considering involvement of the petitioner in another case under the NDPS Act, no such satisfaction can be recorded. 6. Even though, petitioner has been nominated as accused on disclosure statement of co-accused, the police has collected sufficient incriminating material against him on which account it cannot be said that allegations against the petitioner are on weak footing. During the course of investigation, as disclosed in the status report, following evidence has emerged:- 1. Payment of transportation charges for the consignment of poppy husk made by the petitioner on 13.04.2026 and 14.04.20216, evidenced by SBI account statement and Axis Bank account statement. 2. Documentary evidence to show that petitioner got carbon power consignment loaded in the canter at Kolkota to cover up the consignment of commercial quantity of poppy husk. KAPIL 2026.07.13 17:01 I attest to the accuracy and integrity of this document CRM-M-29007-2026 (O&M) 5 3. CCTV footage obtained from Toll Plaza Banskopa (West Bengal) capturing the petitioner travelling in the canter with the driver. 7. From the above, the claim of the investigating agency that custodial interrogation of the petitioner is required to ascertain the source of the contraband, to identify unknown associates of petitioner, to unearth the entire inter-state narcotic trafficking network, to recover digital evidence, is well founded. Investigation conducted so far prima facie indicates involvement of the petitioner in the illegal trade. Grant of anticipatory bail at this crucial stage of investigation would defeat the statutory investigational powers of the police. 8. Considering the nature and gravity of the offence, the material collected by the investigating agency, the necessity of custodial interrogation is made out to unearth the larger conspiracy. Criminal antecedents of the petitioner also come in his way while considering the prayer for anticipatory bail. The petition for anticipatory bail is accordingly declined. 9. Dismissed. (SHALINI SINGH NAGPAL) 13.07.2026 JUDGE Kapil Whether speaking/reasoned: Yes/No Whether reportable: Yes/No KAPIL 2026.07.13 17:01 I attest to the accuracy and integrity of this document