IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 20^th February, 2026 Sachin Mishra @ Vishal ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. R.K. Samyal, Advocate for the petitioner. Mr. Neeraj Poswal, Assistant Advocate General, Haryana.

***

MANISHA BATRA, J (ORAL):-

The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of regular bail in case arising out of FIR No.118, dated 03.09.2025, registered under Sections 22(c) and 29 of the NDPS Act, at Police Station Sector-9, Ambala City, District Ambala.

2. As per the allegations, on 03.09.2025, on the basis of a secret information to the effect that accused Joginder Kumar was engaged in the business of sale of narcotic substances and could be apprehended with a large quantity thereof, if a raid was conducted, a raiding party was formed, which reached at the informed place and apprehended accused Joginder Kumar, from whom 552 capsules of Tramadol salt weighing 378 grams were recovered.

The same were taken into custody. He was formally arrested.

3. As per the further allegations, on interrogation, accused Joginder Kumar suffered disclosure statement to the effect that he had purchased the contraband from co-accused Vijay Kumar, who was also arrested. In pursuance of his disclosure statement, the present petitioner was nominated as an additional accused and was arrested on 07.09.2025. He suffered disclosure statement to the effect that he was running a medical store. The accused Vijay Kumar used to purchase intoxicating capsules from him frequently and some days back also, he had purchased ten boxes of intoxicating capsules Proxiohm spas from him at the rate of Rs. 2000/- per box. He also disclosed that he had purchased those capsules from accused Rohit. Accused Rohit was nominated as such. Subsequently, some other accused were also arrested. Investigation now stands concluded.

4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure statement of the co- accused which cannot be considered to be admissible in evidence. He has clean antecedents. No recovery has been effected from him. The rigors of Section 37 of the NDPS Act are not attracted qua him. Trial will take time to conclude. No useful purpose would be served by detaining him in custody anymore. Co-accused Vinay Oberai @ Bunty and Rajat Gogia have been extended benefit of bail. On parity, he too deserves to be extended the same benefit. With these broad submissions, it is urged that the petition deserves to be allowed.

5. Per contra, learned Sate counsel has argued that the allegations against the petitioner are quite serious in nature. His complicity in the crime stands established from the fact that an amount of Rs. 8000/- from his bank account has been credited in the bank account of mother of the co-accused Rohit on 05.09.2025 i.e. two days after the incident thereby showing that there were transactions qua purchase/sale of intoxicating capsules between them. The petitioner was an important link in the chain involved in the supply/sale of contraband. There are chances of his absconding or committing similar offences, if extended benefit of bail. Therefore, it is stressed that the petition does not deserve to be allowed.

6. This Court has heard learned counsel for the parties at considerable length.

7. The petitioner is alleged to have supplied the contraband to the co-accused Rohit which was ultimately recovered from the co-accused Joginder Kumar. The respondent-State has relied upon some bank transaction which took place from the bank account of the petitioner claiming that an amount of Rs. 8000/- which was the drug money that had been transferred in the account of mother of the co-accused Rohit. It is a matter of trial and only on thorough assessment of the evidence to be adduced dur