IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

216 CRM-M-47505-2025 (O&M) Date of decision: 03.12.2025.

SUCHA SINGH ...Petitioner(s)

VERSUS STATE OF HARYANA ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Sauhard Singh Hooda, Advocate, for the petitioner.

Ms. Chhavi Sharma, AAG, Haryana VINOD S. BHARDWAJ, J. (Oral)

The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the petitioner in case bearing FIR No.1 dated 01.01.2025 under Section(s) 15, 18, 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (Section 29(1) of the NDPS Act added later on), registered at Police Station Shahbad, District Kurukshetra, Haryana.

2 As per the case of the prosecution, on 01.01.2025, the police received secret information indicating that co-accused Gurjinder Singh @ Vicky and Harender Singh were engaged in the illicit trade of selling poppy husk. The information further disclosed that on the said day, they would be transporting a fresh consignment of contraband from Jharkhand and Bihar in a truck owned by Gurjinder Singh @ Vicky, bearing registration No. PB-65- BA-0865, for the purpose of selling it in Punjab. Acting upon this information, the police team set up a blockade and the truck in question was intercepted, and co-accused Gurjinder Singh @ Vicky and Harender Singh were apprehended. Upon search of the vehicle, recovery of 200 kilograms and 140 grams of poppy husk and 1 kilogram and 720 grams of opium was effected from the truck. The present FIR was thereafter registered on the basis of the said recovery.

3 Learned counsel appearing for the petitioner contends that recovery of 200 kilograms and 140 grams of poppy husk and 1 Kg and 720 grams of opium was effected from co-accused Gurjinder Singh @ Vicky and Harender Singh who were apprehended at the spot. The petitioner was nominated as an accused in the second disclosure statement made by co- accused Gurjinder Singh @ Vicky. He further contends that the first disclosure statement of the co-accused was recorded on 02.01.2025, wherein the petitioner was not named. A subsequent disclosure statement was recorded on 07.01.2025, in which it was alleged that out of the total recovery of 200 kilograms and 140 grams of poppy husk and 1 kilogram and 720 grams of opium, a quantity of 1 kilogram of opium and 60 kilograms of poppy husk was intended to be sold to the present petitioner. He contends that no recovery of any nature whatsoever has been effected from the petitioner and that he is not involved in any other case. He contends that the petitioner has been in custody since 01.07.2025 and has already undergone an actual custody for a period of more than five months. He submits that the challan has been presented in the present case on 12.11.2025, however, there are 15 witnessed to be examined by the prosecution and as such conclusion of the trial is likely to take a long time.

4 State counsel does not dispute the factual aspects as noticed above, however, he submits that as per the disclosure statement made by co-

accused, the contraband was intended to be sold to the petitioner.

5 Having heard the learned counsel for the parties and taking into consideration the allegations against the petitioner and his alleged involvement in the offence, the absence of any recovery, the clear antecedents as well as the actual period of custody undergone by him, I deem it appropriate to allow the present petition. Accordingly, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing requisite bail bond/surety bond to the satisfaction of the Trial Court/Duty Magistrate, concerned.

6 It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witnesses in any manner directly or indirectly.

7 The observation made hereinabove shall not be construed as an expression on the merits of the case and the trial Court shall de