248 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-40962-2025 Date of decision : 02.12.2025 Karan Kumar ....Petitioner versus State of U.T. Chandigarh ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. Narinder S. Lucky, Advocate for the petitioner.

Mr. Samir Rathaur, Addl.P.P., U.T. Chandigarh.

RAJESH BHARDWAJ , J. (Oral)

1. Present second petition has been filed for grant of regular bail in case FIR No.004 dated 26.09.2024, under Sections 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (Section 29 of NDPS Act added later on and supplementary challan against the petitioner was filed under Sections 21 & 29 of NDPS Act), registered at Police Station Crime Branch, Sector-11, Chandigarh.

2. Succinctly, the facts of the present case are that the police party, while on patrolling on 26.09.2024 at about 12:10 am, when reached at the turn of Village Kaimbala towards Chandigarh, they saw two clean shaven boys coming on an Activa without Helmet. On seeing the police party, they got perplexed and tried to escape, however, as they were carrying 04 boxes with them, out of which 02 boxes were kept in the foot rest of the driver and 02 boxes were with the pillion rider, but they could not escape. Thus, the police apprehended them. On asking, the driver of the activa disclosed his name to be Deepak and the person sitting pillion disclosed his name to be Inshuman. They were suspected to be carrying some contraband in those boxes, thus, the same were searched. On conducting the search, 400 bottles of Codeine, were found. They failed to produce any licence regarding the conscious possession of the contraband. Thus, FIR was registered and both were arrested on the spot. On registration of the FIR, the investigation commenced. Samples taken were sent to the FSL. During investigation, co-accused Deepak made a disclosure about the complicity of the petitioner, thus, he was also arrayed as an accused in the present case. Resultantly, the petitioner was arrested on 23.11.2024 and his house was raided and on conducting the search, 10 bottles of Codeine were recovered from his house. On receipt of FSL report, the contraband was found to be weighing 1.178 kgs of phosphate. The petitioner approached the Learned Judge, Special Court, Chandigarh praying for grant of bail, however, finding no merit, the same was declined after hearing both the sides by Learned Judge, Special Court, Chandigarh vide order dated 25.02.2025. Aggrieved by the same, the petitioner earlier approached this Court by way of filing of CRM-M- 15667-2025 which was dismissed as withdrawn on 15.05.2025. Hence, the petitioner is before this Court by way of filing of present second petition for grant of bail.

3. Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely implicated in the present case. He submits that neither the petitioner was named in the FIR, nor any recovery has been effected from him. He submits that recovery of 400 bottles was effected from co-accused Deepak and Inshuman. He submits that the petitioner has been implicated in the present case on the basis of disclosure statement of co-accused, which is not even an admissible evidence. He submits that after having been roped in the present FIR, recovery of 10 bottles was planted upon the petitioner. He submits that no independent witness was joined by the investigating agency. He submits that there is blatant violation of provisions of Section 50 of NDPS Act. He submits that though the petitioner is prosecuted in 04 other cases, however, he has been acquitted in those cases. He submits that the petitioner is behind bars since the date of his arrest, however, till date the prosecution has not been able to conclude the trial. He thus, submits that in the facts and circumstances of the case, the petitioner deserves to be granted bail.

4. Per contra, learned State counsel has opposed the submissions made by the counsel for the petitioner and s