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2025 Supreme(Online)(P&H) 15533

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURVINDER SINGH @ PAPPA – Appellant
Versus
STATE OF HARYANA – Respondent



227+233+241 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.25013 of 2025 Gurvinder Singh @ Pappa ..... Petitioner versus State of Haryana ..... Respondent CRM-M No.35179 of 2025 Sukhdeep Singh @ Sukhi ….. Petitioner versus State of Haryana ….. Respondent CRM-M No.48582 of 2025 Satnam Singh ….. Petitioner versus State of Haryana ….. Respondent Date of Decision: 09.09.2025 CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present: Mr. Bikramjeet Singh Jatana, Advocate for the petitioner in CRM-M-25013-2025.

Dr. Anmol Rattan S. Sidhu, Senior Advocate (through VC) with Mr. Shiv Kumar Sharma, Advocate and for the petitioner in CRM-M-35179-2025.

Mr. S. P. Arora, Advocate and Mr. Himanshu Arora, Advocate for the petitioner in CRM-M-48582-2025.

Ms. Diya Sodhi, Sr. DAG, Haryana.

***

RAJESH BHARDWAJ, J. (Oral)

1. By this order, I dispose of the above mentioned three petitions arising out of the same FIR.

2. All the petitions have been filed praying for the grant of regular bail to the petitioners in case bearing FIR No.258, dated 19.10.2024, under Sections 15(c), 27(A) and 29 of NDPS Act, registered at Police Station Sadar Ratia, District Fatehabad.

3. Succinctly the facts of the case are that the police party, while on patrolling on 19.10.2024, received a secret information to the effect that Satnam Singh (petitioner in CRM-M-48582-2025) was involved in selling of Poppy Husk. It was informed that he keeps Poppy Husk in a tubewell room situated in his field and if the raid is conducted, he could be apprehended along with the contraband. On receiving the secret information, the raiding party was constituted and the raid was conducted at the place disclosed. A person was found sitting in the room, however he was apprehended. On asking, he disclosed his name to be Satnam Singh (petitioner in CRM-M- 48582-2025). He was suspected to be in conscious possession of some contraband in the room and thus the search of the same was conducted. On conducting the search, 06 plastic bags of Poppy Husk, each weighing 20 Kg 355 Grams, were recovered and thus, the total Poppy Husk weighing 121 Kg 310 grams was 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. On registration of the FIR, the investigation commenced. During the investigation, Satnam Singh made a disclosure statement about the co-accused, i.e. Gurvinder Singh @ Pappa (petitioner in CRM-M-25013- 2025) and Sukhdeep Singh @ Sukhi (petitioner in CRM-M-35179-2025) and thus, both were also arrayed as an accused in the present case. Resultantly both were arrested on 12.11.2024 and 29.12.2024. On completion of the investigation, the challan was presented and on framing of charges, the trial commenced. The petitioners approached the Court of learned Additional Sessions Judge/learned Special Judge, Fast Track under NDPS Act, Fatehabad praying for grant of regular bail. However, after hearing both the sides and finding no merit in the same, the learned trial Court, dismissed all the bail applications filed by the petitioners vide orders dated 02.01.2025, 13.03.2025 and 22.07.2025, respectively. Being aggrieved, the petitioner, namely, Sukhdeep Singh @ Sukhi, earlier approached this Court by way of filing CRM-M-11539-2025 praying for the grant of bail, however, the same was allowed to be dismissed as withdrawn vide order dated 06.03.2025. Hence being aggrieved, all the petitioners are before this Court by way of filing the present petitions praying for the grant of bail.

4. Learned counsel for the petitioner, namely, Satnam Singh (petitioner in CRM-M-48582-2025) has submitted that the petitioner has been falsely implicated in the present case. He has submitted that admittedly the case of the prosecution is based on the secret information but there is a blatant violation of the mandatory provisions of Section 42 of NDPS Act. He has submitted that the tubewell room, from which the alleged recovery

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