IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-63308-2025 (O&M)

Date of decision: 25.03.2026 Gurpreet Singh ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Gurveer Singh, Advocate for the petitioner.

Mr. Neeraj Poswal, AAG, Haryana.

MANISHA BATRA, J. (Oral)

1. Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of regular bail to the petitioner in FIR No. 93 dated 31.03.2025, registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) [Section 29 of the NDPS Act added later on] at Police Station Sadar Pehowa, District Kurukshetra.

2. Brief facts relevant for the purpose of disposal of this petition are that on 31.03.2025, on the basis of a secret information, co-accused Lakhwinder Singh @ Lakha was apprehended by a police party by conducting a raid on his house. During search of his house, recovery of 51 kgs. 410 grams of doda post was effected, which was kept in three plastic bags. He was formally arrested. Usual formalities of the investigation were completed. The said co-accused suffered disclosure statement admitting his involvement in the subject crime and disclosed that the petitioner was also involved with him in sale/purchase of contraband. The petitioner was joined into investigation of this case by way of issuance of production warrants as he was already in custody in connection with some other case. He suffered disclosure statement on 27.06.2025 admitting his involvement with co-accused Lakhwinder Singh @ Lakha in the illegal business of contraband. On the basis of the disclosure statement of the petitioner, co-accused Dashrath Singh was also nominated in this case as an accused. Investigation now stands completed and challan has been filed. The petitioner along with the co-accused is facing trial for commission of aforementioned offences.

3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of the disclosure statement of the above named co-accused Lakhwinder Singh, which cannot be considered to be admissible in evidence. No subsequent recovery has been effected from him. He is in custody since 27.06.2025. Even otherwise, investigation has since been completed and challan has been filed. Conclusion of trial is likely to take considerable time as out of total 27 prosecution witnesses, none has been examined so far. His involvement in other cases cannot be made a ground for denying him the benefit of bail in the given circumstances. Co-accused Dashrath Singh has been granted concession of anticipatory bail by this Court. On parity, he too deserves to be given the benefit of bail. No useful purpose would be served by keeping him in custody anymore. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be released on regular bail.

4. Status report along with the custody certificate of the petitioner has been filed by the respondent-State. Learned State counsel has argued that keeping in view the gravity of the allegations levelled against the petitioner, his criminal antecedents as well as the fact that commercial quantity of contraband was recovered in this case, he is not entitled to get benefit of bail as Section 37 of the NDPS Act would be attracted against him. It is also argued that analysis of the call details record of the petitioner and co-accused shows that they were in constant touch over phone during relevant time and the petitioner had transferred money to the bank account of co-accused Dashrath Singh, which shows his complicity in the subject crime. It is, thus, argued that the petition is liable to be dismissed.

5. This Court has heard the rival submissions.

6. The well settled proposition of law is that the Court while considering an application for grant of bail has to keep certain factors in mind, s