CRM-M-21241-2026(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 230 CRM-M-21241-2026(O&M) Decided on :27.07.2026 Veerpal Kaur and another . . . Petitioner(s) Versus State of Haryana . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Vikas Bishnoi, Advocate for the petitioners. Ms. Ruchi Sekhri, Addl. A.G., Haryana. **** SANJAY VASHISTH , J. (Oral) 1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking concession of regular bail in case FIR No. 448 dated 21.11.2025, under Section 15(c), and 29 of Narcotic Drugs and Psychotropic Substances Act (Section 27A of NDPS Act was added later on), registered at Police Station City Fatehabad, District Fatehabad. 2. Case of the prosecution, as culled out from paragraph No. 2 of the impugned order, reads as under: “ Briefly stated, the case of prosecution is that on 21.11.2025, a police party headed by ASI Govind Ram, on the basis of secret information, apprehended applicant- accused Kulwinder Kaur wife of Ranjeet Singh and co- accused Manof Kumar son of Somraj, Veerpal Kaur(petitioner No.1 herein) wife of Puran Singh, Rani (petitioner No.2 herein) wife of Mithu Singh and Gurpreet Kaur wife of Buta Singh and recovery of total 55 kg. RASHMI 2026.07.28 10:16 I attest to the accuracy and integrity of this document CRM-M-21241-2026(O&M) 2 poppy-husk (Kachra Doda Post) contained in 03 plastic bags (Katte), was effected from them, in the presence of DSP Jagdish Kumar. On this, present case was registered. During investigation, applicant-accused Kulwinder Kaur and co-accused Manoj Kumar, Veerpal Kaur, Rani and Gurpreet Kaur were arrested, who, suffered disclosure- statements regarding their involvement in the offence and having purchased recovered contraband jointly from co- accused Dinesh @ Raju son of Narayan Lal. Sections 27A and 29 of NDPS Act have been added. Co-accused Dinesh @ Raju is yet to be arrested.” 3. As per the FIR, a total recovery of 55 kg of poppy husk (kachra doda post) was allegedly effected from five accused persons, namely, Kulwinder Kaur, Manoj Kumar, Veerpal Kaur (petitioner No.1), Rani(petitioner No.2) and Gurpreet Kaur. 4. As per the disclosure statements of the accused, the aforesaid contraband was allegedly purchased jointly by them from the sixth accused, namely, Dinesh @ Raju. 5. Learned counsel for the petitioners submits that total alleged recovery of 55 kg of poppy husk was effected from three plastic bags. It is further submitted that, as per the prosecution case itself, 20 kg of poppy husk was recovered from the bag allegedly in the possession of co- accused Manoj Kumar and jointly possessed by co-accused-Kulwinder Kaur @ Sukhi and co-accused Gurpreet Kaur. Out of the remaining quantity, 19 kg of poppy husk was allegedly recovered from the bag held by co-accused Kulwinder Kaur and Gurpreet Kaur, whereas 16 kg of poppy husk was recovered from the bag allegedly held by petitioners namely Rani and Veerpal Kaur. RASHMI 2026.07.28 10:16 I attest to the accuracy and integrity of this document CRM-M-21241-2026(O&M) 3 Learned counsel argues that the alleged recovery attributed to the petitioners, even if taken at its face value, is below the commercial quantity prescribed under the NDPS Act. It is further submitted that petitioners are in custody for a period of more than eight months and, therefore, deserves the concession of regular bail. Accordingly, learned counsel prays for grant of bail to the petitioners. 6. On the other hand, learned State counsel opposes the prayer for grant of regular bail. It is submitted that the allegations against the petitioners are serious in nature, as petitioners was found involved in the transportation/possession of contraband along with other co-accused persons. Learned State counsel further submits that the recovery of 55 kg of poppy husk (kachra doda post) was effected from the accused persons and, therefore, role attributed to the petitioners cannot be considered in isolation at this stage. It is further contended that the petitioners are having criminal antecedents and has previously been involved in other criminal cases. Learned State counsel submits that the involvement of the petitioners in repeated criminal activities reflects their conduct and disentitles them from the concession of bail. Accordingly, prays for dismissal of present petition. 7. I have heard learned counsel for the parties and have perused the paper-book. RASHMI 2026.07.28 10:16 I attest to the accuracy and integrity of this document CRM-M-21241-2026(O&M) 4 8. Without expressing any opinion on the merits of the case, this Court is of the considered view that the petitioners deserve the concession of regular bail. Considering the facts and circumstances of the present case in their entirety, this Court finds that although the total alleged recovery in the present case is stated to be 55 kg of poppy husk, the prosecution itself has attributed only 16 kg of poppy husk to the conscious possession of the petitioners, that too jointly with the co- accused. The question as to whether the quantity allegedly attributable to the petitioners would fall within the ambit of commercial quantity or otherwise shall be a matter to be adjudicated during the course of trial. Considering that the petitioners are women, and keeping in view the provisions of Section 480 of the BNSS, a lenient view is warranted. The petitioners are in custody for a period of more than eight months. Their involvement in the alleged offence is yet to be established in accordance with law, and they deserve an opportunity to rehabilitate themselves in society. Moreover, investigation has already been completed, charges are yet to be framed. The conclusion of the trial is likely to take a considerable period of time. Accordingly, present petition is allowed. Petitioners are ordered to be released on regular bail, subject to their furnishing bail bonds and 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. RASHMI 2026.07.28 10:16 I attest to the accuracy and integrity of this document CRM-M-21241-2026(O&M) 5 9. Any observation made hereinabove shall not be construed as an expression of opinion on the merits of the case. Learned trial Court shall proceed to decide the case independently, on the basis of evidence available on record, in accordance with law and as expeditiously as possible. 10. Petition stands disposed of. (SANJAY VASHISTH) JUDGE 27.07.2026 Rashmi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No RASHMI 2026.07.28 10:16 I attest to the accuracy and integrity of this document