216 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 12.12.2025 Mustakim ..... Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Ram Singh Chaudhary, Advocate, for the petitioner.

Mr. Tanuj Sharma, AAG, Haryana.

Rajesh Bhardwaj, J. (ORAL)

1. Prayer in the present petition is for grant of regular bail to the petitioner in a case FIR No.25 dated 30.01.2025, registered under Sections 22(C), 29, 61, 85 of NDPS Act, 1985, at Police Station Chand Hut, District Palwal.

2. Succinctly, facts of the case are that on 30.01.2025, the police party while on patrolling received a secret information to the effect that Jamshed and Robbin are involved in selling intoxicant injections. It was informed that they are carrying a large quantity of intoxicant injections on their Yamha R-15 red colour motorcycle from Ghaghot to Palwal via Alawalpur. In case of barricading, they could be arrested alongwith the contraband. On receiving the secret information, the barricade was laid at the place disclosed. Two persons were seen coming on a motorcycle as disclosed. They were stopped. On asking, the rider of the motorcycle disclosed his name to be Jamshed, whereas, the pillion rider disclosed his name to be Robbin, who was carrying a carton. They were suspected to be carrying some contraband in the carton and thus, search of the same was conducted. On conducting search, 1000 injections of Pentazocine were recovered. They failed to produce any licence regarding possession of the same and thus, on registration of the FIR, they were arrested on the spot. The investigation commenced. Samples taken were sent to the FSL. During the investigation, complicity of the petitioner was surfaced on the disclosure statement of the co-accused and he was arrested on 18.02.2025. On receipt of the FSL report, the challan was presented and on framing of charges, the investigation commenced. The petitioner approached the Court of learned Additional Sessions Judge, Palwal praying for grant of regular bail. However, after hearing both the sides, the learned Court finding no merit in the same, dismissed the bail application filed by the petitioner vide order dated 01.10.2025. Earlier the petitioner approached this Court by way of filing CRM-M-52247-2025, however, the same disposed vide order dated 25.09.2025. Hence, the petitioner has again approached this Court praying for grant of regular bail by way of filing the present second petition.

3. It has been vehemently contended by learned counsel for the petitioner that the petitioner has been falsely and frivolously implicated in the present case. He submits that neither the petitioner was named in the FIR, nor any recovery has been effected from him. However, he has been arrayed in the present case on the basis of disclosure statement of co- accused, which in itself is not an admissible evidence. He submits that the petitioner has no criminal antecedents as he has never been involved in any other case. It is submitted that one of the co-accused, who was arrayed on the basis of disclosure statement, has been granted anticipatory bail by this Court vide order dated 25.09.2025 passed in CRM-M-37345-2025. He further submits that in the facts and circumstances, false implication of the petitioner is evident and thus, he deserves to be granted regular bail.

4. Per contra, learned State counsel has vehemently controverted the submissions made by counsel for the petitioner. He has submitted that the recovered contraband from the co-accused is 1000 injections of Pentazocine, which falls under the commercial quantity and thus, provisions of Section 37 of the NDPS Act, are attracted in the present case. He submits that complicity of the petitioner surfaced during the investigation as he alongwith co-accused was involved in selling intoxicant injections. On instructions, he has submitted that out of total 21 prosecution witnesses, 03 witnesses have been examined til