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CRM-M No.70913 of 2025 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

218

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CRM-M No.70913 of 2025

Date of decision : 19.12.2025

Date of uploading : 19.12.2025

Sumit Kumar @ Deepu ………….Petitioner

Versus

State of Haryana …….Respondent

CORAM: HON'BLE MR. JUSTICE SUMEET GOEL

Present: Mr. Binayjeet Sheoran Virk, Advocate and

Mr. Sanjeev Sheoran, Advocate, for the petitioner

Mr. Deepak Grewal, DAG, Haryana

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SUMEET GOEL, J. (ORAL)

1. Present petition has been filed under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of

regular bail to the petitioner in case FIR No.363 dated 16.9.2025, under

Sections 22(C) of the Narcotic Drugs and Psychotropic Substances Act,

1985 (Sections 29/61/85 of NDPS Act were added later on), registered at

Police Station Agroha, District Hisar.

2. The gravamen of the FIR in question is that the petitioner is an

accused of being involved in an FIR pertaining to NDPS Act involving in

toto 874 grams of tramadol hydrochloride (150 strips of ten tablets each)

allegedly found in the possession of co-accused, namely Sushil Kumar,

and the petitioner has been nominated, in this case, on the disclosure of

ASHWANI KUMAR

2025.12.19 17:59

I attest to the accuracy and

integrity of this document

CRM-M No.70913 of 2025 -2-

said co-accused.

3. Learned counsel for the petitioner has iterated that the petitioner

is in custody since 19.9.2025. Learned counsel for the petitioner has

further submitted that the mandatory provisions of the NDPS Act have not

been complied with, and thus, the prosecution case suffers from inherent

defects. Learned counsel has further iterated that sole basis to array the

petitioner as an accused is the disclosure statement of co-accused, namely

Sushil Kumar. Learned counsel has further iterated that the petitioner has

suffered incarceration for a period of about 3 months. Thus, regular bail is

prayed for.

4. Learned State counsel has opposed the present petition by

arguing that the allegations raised against the petitioner are serious in

nature and, thus, he does not deserve the concession of the regular bail.

Learned State counsel seeks to place on record custody certificate dated

18.12.2025 in the Court, which is taken on record.

5. I have heard counsel for the rival parties and have gone through

the available records of the case.

6. The petitioner was arrested on 19.9.2025 and the matter is still

under investigation. The petitioner has been implicated as an accused in

the FIR in question solely on the basis of disclosure statement of co-

accused-Sushil Kumar, from whom 874 grams of tramadol hydrochloride

was allegedly recovered. As per the prosecution version, there is no other

material available to connect the petitioner with the contraband except for

the said disclosure statement. It is pertinent to note that such disclosure

ASHWANI KUMAR

2025.12.19 17:59

I attest to the accuracy and

integrity of this document

CRM-M No.70913 of 2025 -3-

statements, in the absence of corroborative evidence hold limited

evidentiary value and cannot be sole basis for implicating the petitioner.

The reliance on this unsubstantiated statement raises serious doubts about

the fairness and objectivity of the investigation. It is not in dispute that the

petitioner was not present at the spot. The veracity and weightage required

to be attached to the disclosure statement made by the co-accused will be

fully tested at the time of trial. The rival contentions raised at Bar give

rise to debatable issues, which shall be ratiocinated upon during the

course of trial. This Court does not deem it appropriate to delve deep into

these rival contentions, at this stage, lest it may prejudice the trial.

Nothing tangible has been brought forward to indicate the likelihood of

the petitioner absconding from the process of justice or interfering with

the prosecution evidence.

6.1. At this juncture, it would be apposite to refer to a judgment

passed by this Court in Anshul Sardana versus State of Punjab, passed

in CRM-M-6509