105 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

1) CRM-M-63093-2024 Date of decision: 06.02.2026 BALWINDER KAUR ...PETITIONER VERSUS STATE OF HARYANA ...RESPONDENT

2) CRM-M-43007-2025 SHAMO BAI @ SOMA @ SHAMO ...PETITIONER VERSUS STATE OF HARYANA ...RESPONDENT C ORAM: HON’BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. P.K.S.Phoolka, Sr. Advocate with Mr. Davinder Kumar, Advocate for the petitioner in CRM-M-63093-2024.

Mr. Rajvir Singh Dhaliwal, Advocate for the petitioner in CRM-M-43007-2025.

Mr. Tanuj Sharma, AAG, Haryana.

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R AJESH BHARDWAJ, J. (ORAL)

1. In the above mentioned petitions common question of law and facts are involved, so both the petitions are being disposed of by a common judgment. For brevity, facts are being taken from CRM-M-63093-2024 titled as “Balwinder Kaur Versus State of Haryana.”

2. Petitioner(s) have approached by way of filing the present petition praying for grant of regular bail in case bearing FIR No.356 dated 08.08.2024 under Sections 15(C) of NDPS Act, 1985, registered at Police Station City Fatehabad, District Fatehabad.

3. Succinctly, the facts of the case are that the police party, while on patrolling on 08.08.2024, received a secret information to the effect that Sammo Bai @ Soma (petitioner in CRM-M-43007-2025) and Balwinder Kaur (petitioner in CRM-M-63093-2024) were involved in selling poppy husk. It was informed that they have brought huge quantity of poppy husk and were present at Bus Stand, Fatehabad along with the contraband. In case of raid, the same could be recovered. On receiving the secret information, the raiding party reached at the place disclosed. Two persons were found sitting there, both were having two bags. On seeing police party, they got perplexed and tried to get away with their bags. However, they were apprehended. On asking, they disclosed their name to be Shammo Bai @ Soma and Balwinder Kaur. They were suspected to be carrying some contraband in the bags. Thus, the same was searched. On conducting the search, 27 kg each poppy husk were recovered from both the bags. Thus, the total recovery is 54 kg of poppy husk. They failed to produce any licence regarding the possession of the same. Thus, FIR got registered and both were arrested on the spot. On completion of the investigation, the challan was presented and on framing of charges, trial commenced. Petitioner in CRM-M- 63093-2024 approached the learned Judge, Special Court, Fatehabad for grant of bail. However, after hearing both the sides and finding no merit in the same, the learned Judge, Special Court, Fatehabad declined the bail application vide order dated 14.11.2024 and petitioner in CRM-M-43007-2025 approached the learned Additional Sessions Judge, Fatehabad for grant of bail. However, after hearing both the sides and finding no merit in the same, the learned Additional Sessions Judge, Fatehabad declined the bail application vide order dated 22.07.2025. Aggrieved by the same, petitioner(s) are before this Court praying for the grant of bail by way of filing the present petitions.

4. Learned counsel for the petitioner(s) have vehemently contended that the petitioner(s) have been falsely implicated in the present case. They submit that the case of the prosecution is based on secret information, however, there is violation of provisions of Section 42 of NDPS Act. They further submit that alleged recovery has been effected from the Bus stand i.e. public place, however, no independent witness has been joined, thus, there is a violation of provisions of Section 50 of the NDPS Act as well. They submit that the petitioner(s) are behind bars since 08.08.2024. They further submit that in the facts and circumstances, the petitioner(s) deserve to be granted regular bail.

5. Status report by way of affidavit in CRM-M-63093-2024 of Jagdish Kumar, HPS, Deputy Superintendent of Police, Fatehabad on behalf of the respondent-State already filed in the Registry is taken on record.

6. Per contra, learned State counsel has oppo