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2026 DAILYLAW 29398 (PNJ)

SONIA v. STATE OF HARYANA

CRM-M/38069/2026 · 2026-07-15

Virinder Aggarwal

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Judgment text

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CRM-M-38069-2026 (O&M) -:1:- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (105) CRM-M-38069-2026 (O&M) Date of Decision:15.07.2026 SONIA … Petitioner Versus STATE OF HARYANA ... Respondent -.- CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. Mohan Singh Chauhan, Advocate for the petitioner. Mr. Ramesh Kumar Ambavta, DAG, Haryana assisted by ASI Satnam Singh. -.- VIRINDER AGGARWAL , J . (Oral) 1. The present petition, being the first under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 of the Code of Criminal Procedure, 1973), has been instituted seeking the extraordinary relief of anticipatory bail in FIR No. 96 dated 21.03.2026, registered under Section 105 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 304 of the Indian Penal Code, 1860), with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 having been added during the course of investigation, at Police Station Ambala Cantt., District Ambala, Haryana. 2. Briefly stated, the prosecution case, as borne out from the record, is that on 21.03.2026, the Station House Officer received a telephonic message to the effect that an unknown person was lying in an GAURAV SOROT 2026.07.15 17:15 I attest to the accuracy and integrity of this document CRM-M-38069-2026 (O&M) -:2:- intoxicated condition near the drainage adjoining Balmiki Basti, Balmiki Dharamshala, Ambala Cantt., while a motorcycle was found parked in a nearby street. Acting upon the said information, ASI Rakesh Kumar, accompanied by other police officials, immediately proceeded to the spot and initiated preliminary inquiry. During the search of the person concerned, no incriminating article was recovered from his person. However, in close proximity to the body, the police allegedly recovered an empty polythene pouch containing remnants of chitta/smack, a used syringe and a mobile phone cover. 2.1. Subsequently, the family members reached the spot and identified the deceased as Karan Singh. He was immediately shifted to the Civil Hospital, Ambala Cantt., where the attending Medical Officer declared him brought dead. Thereafter, Jaipal Singh, father of the deceased, submitted a complaint alleging that his son had succumbed to an overdose of a narcotic substance and requested that legal action be initiated against the persons responsible for supplying the contraband. 2.2. During the course of investigation, Parvej Ahmad was arrested on 04.04.2026. His disclosure statement allegedly led to the arrest of co- accused Dalip Kumar @ Deepu. Thereafter, co-accused Deepak was apprehended, who allegedly disclosed that he and the deceased Karan Singh had jointly consumed heroin/smack. Further investigation resulted in the arrest of Prince @ Kalwa, who was alleged to be the supplier of the contraband to co-accused Deepak and the deceased. In his disclosure statement, Prince @ Kalwa allegedly disclosed the name of Ariman @ Lolo as the person from whom he had procured the narcotic substance. GAURAV SOROT 2026.07.15 17:15 I attest to the accuracy and integrity of this document CRM-M-38069-2026 (O&M) -:3:- Subsequently, during the course of investigation, Dhrup @ Gomi was also arrested. 2.3. The name of the present petitioner surfaced only at a later stage during investigation on the basis of the disclosure statement allegedly made by co-accused Deepak, wherein it was stated that the petitioner had sold 5 grams of heroin/smack to him as well as to the deceased Karan Singh. It is on the strength of the said disclosure statement and the material collected during investigation that the petitioner has been sought to be implicated in the present case. 3. Notice of motion. 4. At this stage, Mr. Ramesh Kumar Ambavta, learned Deputy Advocate General, Haryana, accepted notice on behalf of the respondent- State and opposed the present petition with considerable vehemence. Learned State counsel submitted that the allegations disclose the commission of grave offences involving the illicit trafficking and supply of narcotic substances, ultimately resulting in the death of a young individual. It was, therefore, contended that the petitioner does not deserve the extraordinary concession of anticipatory bail. 5. I have heard learned counsel for the parties at considerable length and have carefully perused the pleadings, the case diary, the paper book and the material placed on record with their able assistance. 6. I have bestowed my thoughtful consideration to the rival submissions advanced by learned counsel for the parties and have carefully examined the material available on record. Admittedly, the name of the present petitioner has surfaced during the course of investigation on GAURAV SOROT 2026.07.15 17:15 I attest to the accuracy and integrity of this document CRM-M-38069-2026 (O&M) -:4:- the basis of the disclosure statement made by a co-accused. Though it is well settled that the evidentiary value and admissibility of a disclosure statement are matters to be adjudicated during trial, the Court, while exercising jurisdiction under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is not expected to undertake a meticulous appreciation of the evidence or record any conclusive finding on the merits of the prosecution case. 6.1. The allegations, however, cannot be viewed in isolation. The prosecution case pertains to the death of a young individual allegedly caused by an overdose of narcotic substance, and the investigation has revealed a chain of alleged suppliers involved in the illicit trafficking of contraband. The specific allegation against the petitioner is that she supplied 5 grams of heroin/smack to co-accused Deepak and the deceased Karan Singh, who allegedly consumed the contraband, ultimately resulting in the unfortunate death of the deceased. The allegations, therefore, relate not merely to possession or consumption of narcotic substance but to the alleged supply of contraband forming part of an organised chain of narcotic trafficking, an aspect which assumes considerable significance at the stage of investigation. 6.2. The investigation is still in progress and the Investigating Agency is required to trace the complete chain of supply, identify the source as well as the subsequent links in the narcotic network and ascertain the role played by each of the accused persons. Grant of the extraordinary relief of anticipatory bail at this stage is likely to impede the effectiveness of the investigation and may adversely affect the efforts of GAURAV SOROT 2026.07.15 17:15 I attest to the accuracy and integrity of this document CRM-M-38069-2026 (O&M) -:5:- the investigating agency in unearthing the entire conspiracy and the larger network involved in the commission of the alleged offences. 6.3. It is trite that anticipatory bail is an extraordinary discretionary remedy, to be exercised sparingly, particularly where the allegations disclose grave offences affecting society at large. The menace of narcotic drugs has assumed alarming proportions and has devastating consequences for society, especially the younger generation. The allegations in the present case, if ultimately established, disclose a serious offence having a direct nexus with the death of an individual allegedly caused due to consumption of the narcotic substance supplied through the chain of accused persons. 6.4. Accordingly, having regard to the nature and gravity of the accusations, the seriousness of the offence alleged, the stage of investigation, this Court is of the considered view that no case is made out for extending the extraordinary concession of anticipatory bail. Consequently, without expressing any opinion on the merits of the case lest it may prejudice either side during the course of investigation or trial, the present petition, being devoid of merit, is hereby dismissed. 7. Since final adjudication of the principal matter herein, all pending miscellaneous applications, if any shall stand disposed of concurrently. ( VIRINDER AGGARWAL) 15.07.2026 JUDGE Gaurav Sorot Whether reasoned / speaking? Yes / No Whether reportable? Yes / No GAURAV SOROT 2026.07.15 17:15 I attest to the accuracy and integrity of this document