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CRM-M No.65113 of 2025 -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRM-M No.65113 of 2025

Date of Decision: 04.02.2026

Mangi Lal Bishnoi ..... Petitioner

Versus

State of Punjab ..... Respondent

CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ

***

Present: Mr. Aditya Sanghi, Advocate

for the petitioner.

Ms. Ramta Chowdhary, DAG, Punjab.

***

RAJESH BHARDWAJ, J.

1. Present petition has been filed praying for the grant of

anticipatory bail to the petitioner in case bearing FIR No.136, dated

30.11.2024, under Sections 15/22/29 of NDPS Act, 1985, registered at

Police Station Khuian Sarwar, District Fazilka, Punjab.

2. Succinctly the facts of the case are that the police party,

while on patrolling on 30.11.2024, received a secret information to the

effect that Mangi Lal (petitioner) brings intoxicant tablets and Poppy

Husk from Rajasthan and selling the same in Punjab. It was informed that

he was coming from Rajasthan on his truck bearing registration No.RJ-

19-GB-8879 and in case of barricading, he could be apprehended along

with the contraband. On receiving the secret information, the barricading

was laid. In the meantime, a truck, as disclosed in the secret information

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was seen coming from the side of Ganganagar. However, on suspicion,

the same was stopped. On asking, driver of the truck disclosed his name

to be Mangi Lal. He was suspected to be carrying some contraband in the

truck and thus, the search of the truck was conducted. On conducting the

search of the truck, 8 cartons and 3 gatta/bags were recovered, and, on

conducting the search of the same, 1,71,500 intoxicant tablets of

Tramadol Hydrochloride and 14 Kgs of Poppy Husk were recovered. He

failed to produce any licence regarding the conscious possession of the

same, thus, the FIR was registered and he was arrested on the spot. The

samples taken were sent to the FSL. On registration of the FIR, the

investigation commenced. Apprehending his arrest, the petitioner

approached the Court of learned Judge, Special Court, Fazilka praying

for the grant of anticipatory bail. However, after hearing both the sides

and finding no merit in the same, the learned Judge, Special Court,

Fazilka declined the bail application filed by the petitioner vide order

dated 14.10.2025. Hence, being aggrieved, the petitioner is before this

Court by way of filing the present petition praying for the grant of

anticipatory bail.

3. Learned counsel for the petitioner has submitted that the

petitioner has been falsely and frivolously implicated in the present case.

He has submitted that the alleged recovery has been effected in the

present case from the public place, however no independent witness has

been joined. He has submitted that there is a violation of mandatory

provisions of Section 42 of NDPS Act. He has further submitted that

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there is a violation of mandatory provisions of Section 50 of NDPS Act

as well in conducting the search. He has submitted that the petitioner has

no criminal antecedents as he has never been involved in any other case.

He has submitted that no prima facie case as alleged is made out against

the petitioner and thus, she deserves to be granted anticipatory bail.

4. Learned counsel for the State, however, has opposed the

submissions made by learned counsel for the petitioner. She has

submitted that there was a specific secret information received regarding

the petitioner. She has submitted that on due compliance of provisions of

NDPS Act, the recovery of 1,71,500 intoxicant tablets of Tramadol

Hydrochloride and 14 Kgs of Poppy Husk was effected from the

petitioner, which is commercial in nature and thus, the provisions of

Section 37 of NDPS Act are attracted. She has further submitted that the

petitioner is involved in two more cases, i.e. FIR No.152, dated

25.07.2010, under Section 283 IPC, at Poli