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2025 Supreme(Online)(P&H) 22239

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DAYANAND ALIAS SAJAN – Appellant
Versus
STATE OF HARYANA – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

225 CRM-M-39514-2025 Dayanand alias Sajan …...Petitioner Versus State of Haryana …...Respondent

225-2 CRM-M-43850-2025 Ravi Kumar …...Petitioner Versus State of Haryana …...Respondent

225-3 CRM-M-62777-2025 Jitender Kumar …...Petitioner Versus State of Haryana …...Respondent

225-4 CRM-M-48016-2025 Aditya …...Petitioner Versus State of Haryana …...Respondent Decided on: 04.12.2025 CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. D.N. Ganeriwala, Advocate for the petitioner (in CRM-M-39514-2025).

Mr. Jasvir Singh Dhaliwal, Advocate for the petitioner (in CRM-M-43850-2025)

Mr. Lal Singh Sandhu, Advocate for the petitioner (in CRM-M-62777-2025).

Mr. Arpandeep Narula, Advocate for the petitioner (in CRM-M-48016-2025).

Mr. Amish Sharma, Asst. A.G., Haryana.

****

SANJAY VASHISTH, J.

1. By way of this common order all the aforementioned petitions are being disposed of as they arise out of one common FIR.

2. Present petitions have been filed under Section 483 of BNSS, seeking regular bail in case FIR No. 503 dated 23.07.2024, under Section 15C and 29 of NDPS Act, registered at Police Station Sirsa City, Sirsa Haryana.

Facts of the case:

3. As per the case of prosecution, acting on secret information regarding drug trafficking, a police team set up a checkpoint near Ganesh weighbridge, Sirsa. A white Maruti Ertiga (HR24AD-3490) traveling from Chatargarh Patti was intercepted. The vehicle was driven by Aditya with passengers Dayanand alias Sajan and Ravi Kumar.

Upon search, two black plastic bags containing 54 kg of poppy husk (dodda post) were recovered. It is alleged that contraband was procured from co-accused Ravi s/o Subhash and Darshan for the purpose of sale. During the investigation, it was revealed that Jitender Kumar facilitated the purchase, although he is not named in the FIR.

Role and Custody of Petitioners

Petitioner Role Custody Since Remarks / Co- accused Bail
Dayanand alias Sajan Front seat passenger; allegedly involved in transporting contraband 23.07.2024 -
Ravi Kumar s/o Amrik Rear seat passenger; involved in 23.07.2024 Pending FIR No. 84 dated 06.02.2020
transporting contraband (already on bail)
Jitender Kumar Allegedly facilitated purchase of contraband; not named in FIR 12.09.2025 Co-accused Ravi s/o Subhash and Darshan granted anticipatory bail on 18.09.2024 and 26.05.2025
Aditya Driver of the car carrying contraband 23.07.2024 -

All petitioners have remained in custody for substantial periods. Jitender Kumar’s role is ancillary, and any longer incarceration of him, may not be essential, since co-accused persons involved in the supply chain have already been granted bail.

4. Learned counsel for the petitioners submits that petitioners are in custody for substantial periods—Dayanand alias Sajan and Ravi Kumar since 23.07.2024, Aditya since 23.09.2024, and Jitender Kumar since 12.09.2025. Recovery of 54 kg of poppy husk (dodda post) was effected from car Maruti Ertiga during interception, with Aditya as the driver, Dayanand as front passenger, and Ravi Kumar as rear passenger. Jitender Kumar’s involvement was limited to facilitating the purchase of contraband from co-accused persons namely Ravi s/o Subhash and Darshan, who have already been granted anticipatory bail on 18.09.2024 and 26.05.2025 respectively. Ravi Kumar, though facing a prior case (FIR No. 84 dated 06.02.2020), is already on bail, indicating he is unlikely to abscond. Counsel emphasized that their continued detention is unnecessary and disproportionate, and thus, prays for grant of regular bail.

5. Learned counsel for the State opposed the prayer of bail by submitting that the recovered quantity of poppy husk (54 kg) is a commercial quantity under the NDPS Act, attracting stringent penalties. The serious nature of the offence requires strict adherence to statutory provisions, and leniency should be exercised with caution. Therefore, prays for dismissal of the present

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