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2026 DAILYLAW 33958 (PNJ)

MOHD. ADNAN v. STATE OF HARYANA

CRM-M/13334/2026 · 2026-07-28

Sanjay Vashisth

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Judgment text

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CRM-M-13334-2026 CRM-M-19743-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 220+224 CRM-M- 13334-2026 MOHD. ADNAN ......Petitioner Versus STATE OF HARYANA ......Respondent CRM-M- 19743-2026 KULJINDER SINGH @ LADHI ......Petitioner Versus STATE OF HARYANA ......Respondent Decided on : 28.07.2026 CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Inderjeet Singh, Advocate, for the petitioner (in CRM-M-13334-2026), and Mr. Davneet Sangwan, Advocate, for the petitioner (in CRM-M-19743-2026). Ms. Ruchi Sekhri, Addl. AG, Haryana. **** SANJAY VASHISTH, J. By this common order, both the aforementioned petitions shall stand disposed of. 1. The instant petitions have been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioners, during the pendency of trial, who have been booked in a LAVISHA 2026.07.28 16:21 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-13334-2026 CRM-M-19743-2026 2 criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner(s) FIR No. Date Section(s) Police Station District Mohd. Adnan, aged about 28 years and Kuljinder Singh @ Ladhi, aged about 24 years 172 20.09.2025 22(C) of NDPS Act [section 29 of NDPS Act added later on] Sadhaura Yamuna Nagar 2. As per the case of prosecution, on 20.09.2025, while police party was on patrol duty in search of drug smugglers, a secret informer approached the police and disclosed that accused Gurjinder Singh alias Rohit and Sandeep Kumar (both residents of Yamuna Nagar), were engaged in the illicit trade of narcotic capsules. The informer further stated that on that very day, the said accused would be travelling from their village Naushera to Sadhaura, on a motorcycle, bearing registration No.HR71M-3927, carrying narcotic capsules. Acting upon the said information, police laid a naka and conducted raid, and at about 5:40 A.M., both the accused were intercepted while travelling on the aforesaid motorcycle. Accused Sandeep Kumar was driving the motorcycle, whereas co-accused Gurjinder Singh alias Rohit was the pillion rider. Upon search, a polythene bag lying between both the two accused on the motorcycle, was recovered, which was found containing 480 capsules of Tramadol Hydrochloride, weighing 317.76 grams. LAVISHA 2026.07.28 16:21 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-13334-2026 CRM-M-19743-2026 3 3. Learned counsel for both the respective petitioners submits that, as of now, prosecution possesses no substantive and legally admissible evidence, connecting the petitioners with the alleged offence, except for the disclosure statements of the arrested co-accused, certain call detail records (CDRs), and alleged monetary transactions. It is contended that both the petitioners have been implicated solely on the basis of the disclosure statements of the aforesaid co- accused, which, by themselves, are inadmissible evidence, in the eyes of law. 4. It is further submitted that both the petitioners are young individuals and have no previous involvement in any offence under the Narcotic Drugs and Psychotropic Substances Act, 1985. 5. Learned counsel further submits that petitioner-Mohd. Adnan has remained inside jail since 20.09.2025, i.e. for a period of about 10 months, whereas petitioner-Kuljinder Singh @ Ladhi has remained inside jail since 30.09.2025, i.e. for a period of about 9 months and 25 days. It is also pointed out that, although prosecution has cited 27 witnesses, but not even a single prosecution witness has been examined, till date. Consequently, conclusion of the trial is likely to consume considerable time. Thus, counsel jointly pray for grant of regular bail to both the petitioners in the present case. 6. In response to the arguments addressed by learned counsel for the petitioners, learned State counsel, produces the custody certificate LAVISHA 2026.07.28 16:21 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-13334-2026 CRM-M-19743-2026 4 of both the petitioners dated 25.07.2026 in Court today, which are taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioners. As per the custody certificate, in the present case, petitioner – Mohd. Adnan has already undergone 10 months and 02 days period inside jail and there is no other case registered against him. As per the custody certificate, in the present case, petitioner – Kuljinder Singh has already undergone 09 months and 25 days period. 7. Learned State counsel, while opposing the prayer for grant of regular bail, submits that both the petitioners are involved in a serious offence under the Narcotic Drugs and Psychotropic Substances Act, 1985, and, therefore, do not deserve the concession of bail. However, he is unable to controvert the factual assertions advanced on behalf of the petitioners, particularly with regard to the absence of any criminal antecedents, period of custody undergone by both the petitioners, stage of trial, and nature of the evidence relied upon by the prosecution. Nevertheless, he prays for dismissal of both the present petitions. 8. This Court has heard learned counsel for the parties and has carefully perused the record available before it. 9. Admittedly, petitioners have been implicated on the basis of the disclosure statements made by the co-accused. Apart from such disclosure statements, prosecution presently relies upon certain call detail records and alleged monetary transactions, the evidentiary value whereof LAVISHA 2026.07.28 16:21 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-13334-2026 CRM-M-19743-2026 5 shall be examined, during the course of trial. At this stage, it cannot be overlooked that no recovery has been effected from either of the petitioners. 10. It is also an admitted position that, out of total 27 prosecution witnesses, not even a single witness has been examined, till date. Petitioners have remained inside jail for a substantial period, and there is nothing on record to indicate that trial is likely to conclude in the near future. Consequently, their continued incarceration for an indefinite period would serve no useful purpose. 11. Having regard to the totality of facts and circumstances of the present case, nature of the allegations, period of custody already undergone by the petitioners, stage of the trial, absence of any recovery from them, and without expressing any opinion on the merits of the case, this Court deems it appropriate to grant the concession of regular bail to both the petitioners in the present case. Consequently, prayer made in the present petitions is allowed. Petitioners namely Mohd. Adnan and Kuljinder Singh @ Ladhi are ordered to be released on bail, subject to their furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 12. Needless to observe that the petitioners shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. LAVISHA 2026.07.28 16:21 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-13334-2026 CRM-M-19743-2026 6 13. Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. 14. It is further made clear that if, in future, petitioners are directly found indulged in similar kind of activities, this order shall be deemed to be cancelled. 15. Both the petitions stand disposed of. 16. A photocopy of this order be placed on the file of other connected case. (SANJAY VASHISTH) JUDGE 28.07.2026 Lavisha Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO LAVISHA 2026.07.28 16:21 I attest to the accuracy and integrity of this document PHHC, Chandigarh