225 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.55328 of 2025 Date of Decision: 09.10.2025 Deepak @ Deepu .....Petitioner versus State of Haryana ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. Aniket Aggarwal, Advocate for the petitioner.

Mr. Tanuj Sharma, AAG, Haryana. R AJESH BHARDWAJ , J. (Oral)

1. Present petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.0283, dated 12.08.2024, under Sections 22-C of NDPS Act, 1985, registered at Police Station Adampur, District Hisar.

2. Succinctly the facts of the case are that the police party, while on patrolling on 12.08.2024, received a secret information to the effect that Lavkesh Kumar is involved in selling the intoxicant tablets. It was informed that he was waiting for his customers at Siswal road and in case of raid, he could be apprehended along with the contraband. On receiving the secret information, the raiding party was constituted and reached the place as disclosed in the secret information. They found that one person was standing there and thus, he was apprehended. On asking, he disclosed his name as Lavkesh Kumar. He was suspected to be carrying some contraband and thus on giving the offer, his search was conducted. On conducting the search of right pocket of his trouser, a black coloured polythene was recovered. However, on the search of the polythene bag, 15 strips of Lomotil (each tablet weighing 6.32 grams) was recovered, which in total was found to be 900 tablets. He failed to produce any licence regarding the conscious possession of the same and thus, the FIR was registered and he was arrested on the spot. The samples taken were sent to the FSL. On receipt of the FSL, the challan was presented and on framing of charges, the trial commenced. During investigation, on the disclosure statement of Lovkesh Kumar, name of the petitioner was surfaced and thus, he was arrayed as an accused in the present case and resultantly, he was arrested on 21.09.2024. The petitioner approached the Court of learned Additional Sessions Judge, Hisar praying for grant of bail, however, after hearing both the sides and finding no merit in the same, the learned Additional Sessions Judge, Hisar declined the bail application filed by the petitioner vide order dated 18.08.2025. Hence being aggrieved, the petitioner is before this Court praying for the grant of bail by way of filing the present petition.

3. Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely and frivolously implicated in the present case. He has submitted that the petitioner has been arrayed as an accused on the basis of disclosure statement of co-accused Lovkesh Kumar, from whom the recovery of 900 tablets of lomotil was effected. He further submits that the disclosure statement in itself is not even an admissible evidence. He has submitted that co-accused Lovkesh Kumar has already been granted bail by this Court vide order dated 23.09.2025 passed in CRM-M-1970-2025. He submits that no recovery has been effected from the petitioner. He has submitted that in the facts and circumstances of the present case, the petitioner deserves to be granted regular bail.

4. Per contra, learned State counsel has opposed the submissions made by counsel for the petitioner. He has submitted that the recovery effected in the present case is of 900 tablets of Lomotil and as per the FSL report, it contained 94.52 grams of Diphenoxylate Hydrochloride Atropine Sulphate, which is commercial in nature, and thus, the provisions of Section 37 of NDPS Act, are attracted. He, on instructions, has submitted that out of total 12 prosecution witnesses, no witness has been examined till date. He submits that the petitioner is involved in 05 more cases. He has produced custody custody certificate of the petitioner today in the Court and the same is taken on record.

5. Heard.

6 On hearing learned counsel for the parties and p