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2025 Supreme(Online)(P&H) 15943

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



(208)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38484-2025 Date of Decision: 12.09.2025 HARINDER SINGH ... Petitioner Versus STATE OF HARYANA ...Respondent CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Virender Soni, Advocate for the petitioner.

Mr. T.P. Singh, Sr. DAG, Haryana.

****

JASJIT SINGH BEDI, J.

The prayer in the present petition under Section 483 BNSS, 2023 is for the grant of regular bail in case bearing FIR No.392 dated 24.12.2020 registered under Sections 15(C), 15(3) 18, 25, 27-A, 29, 59(2)-61-85 of NDPS Act (Sections 7, 7-A, 8 of Prevention of Corruption Act and Sections 192, 196, 201, 202, 203, 217, 409, 166-A, 120-B IPC added later on) at Police Station Uchana, District Jind.

2. The brief facts of the are that one Jagroop Singh was apprehended while travelling in a truck bearing No.PB-08-DG-6706 and found in possession of 21 bags of poppy husk containing 414 kgs of the same on 18.12.2020 by ASI Parveen of CIA- Staff Jind. FIR No.388 dated

18.12.2020 U/s 15-61-85 of NDPS Act P.S. Uchana came to be registered.

3. Jagroop Singh suffered a disclosure statement on 19.12.2020 to the effect that the contraband had been brought from Rakesh Kumar who was travelling in truck bearing No.HR-45C-9998. Based on the said statement, Rakesh was arrested while travelling in the truck in question by ASI Jaibir Singh of CIA Staff Narwana. The truck was seized and deposited at P.S. Uchana. Later, on 23.12.2020, PSI Bajinder Singh of Haryana State Narcotics Control Bureau Madhuban received information that Rakesh Kumar had been arrested by CIA-I Jind on 19.12.2020 along with truck bearing No. HR- 45C-9998 in a case of poppy husk registered at P.S. Uchana who had sold the Dodda post to other accused who had been arrested. Rakesh Kumar in connivance with the owner had loaded poppy husk along with onion in the truck and on being arrested the truck had been parked at P.S. Uchana without showing the recovery of the contraband. Based on this information, the truck was checked and 20 bags of black colour containing 398.15 Kgs of Chura Dodda post came to be recovered. It later on transpired that ASI Parveen Kumar, second Investigating Officer ASI Jaibir Singh and other police officials connected in the investigation of FIR No.388 dated 18.12.2020 U/s 15-61-85 of NDPS Act P.S. Uchana had connived with each and deposited the truck bearing No.HR-45C-9998 in the Malkhana of Police Station, Uchana after having shown the same as recovered from accused Rakesh Kumar but did not show the contraband lying in it. Upon this fact, the present FIR No.392 dated 24.12.2020 under Sections 15(C), 15(3) 18, 25, 27-A, 29, 59(2)-61-85 of NDPS Act (Sections 7, 7-A, 8 of Prevention of Corruption Act and Sections 192, 196, 201, 202, 203, 217, 409, 166-A, 120-B IPC added later on) Police Station Uchana, District Jind.

4. On 28.12.2020, Jagroop Singh and Rakesh Kumar were produced in the Court on production warrants. On interrogation, they confessed their guilt. On 11.01.2021 accused Amandeep Singh was produced on production warrants and was joined in investigation and arrested in the present case. Sections 18, 27-A & 59(2) of NDPS Act and Sections 7, 7-A, 8 of P.C. Act and Sections 120-B, 192, 196, 201, 202, 203, 217, 409, 166-A IPC were invoked.

5. Amandeep Singh suffered his disclosure statement that he had been apprehended by CIA-I Police Jind along with Rakesh Kumar and juvenile Abhishek Kumar alias Sheiki @ Chhottu while he was carrying in his truck No.HR45C-9998 onion and poppy husk. On 13.01.2021, another co-accused Mubarik Khan was arrested. On 22.01.2021, accused Badhwa Singh was arrested. Abhishek Kumar alias Sheiki @ Chhottu was joined investigation and confessed his guilt. On 25.02.2021, Subhash alias Golu was arrested and admitted his guilt.

6. The investigation reveal that accused Rakesh used to supply narcotic substance in Haryana after getting it loaded from Irfan Khan and Mubarik Khan. Further, when on the intervening night of

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