226 THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.70337 of 2025 Date of Decision: 10.02.2026 Ishyadas Parichhas @ Eshya Das Parichha ..... Petitioner Versus State of Haryana ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present: Mr. Punit Malik, Advocate for the petitioner.

Mr. Tanuj Sharma, AAG, Haryana.

***

RAJESH BHARDWAJ, J. (ORAL)

1. Present petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.34, dated 13.02.2024, under Section 20(b)(II)(c) of NDPS Act, 1985, registered at Police Station 17/18, District Gurugram, Haryana.

2. Succinctly, the facts of the case are that the police party, while on patrolling on 13.02.2024, received a secret information to the effect that some persons sitting in car bearing registration No.DL-5-CV- 4123 make Wagon R are involved in drug trafficking. It was informed that they were coming from Delhi to Gurugram and in case of barricading, they could be apprehended along with the contraband. On receiving the secret information, the barricading was laid at the place as disclosed in the secret information. In the meantime, a car, as disclosed in the secret information was seen coming and the same was signalled to stop. On asking, driver of the car disclosed his name to be Dharmendra and two women sitting in the back seat of the car, disclosed their names to be Devyanti Devi and Sandhya Kashyap. The driver told that he picked the women from New Delhi Railway Station and was to drop at Badshahpur, Gurugram for a fare of Rs.1200/-. They were suspected to be carrying some contraband and thus, their search was conducted. On conducting the search of Devyanti Devi, two bags were found in a printed pink bag and on search of the same, 6.100 Kg Ganja from one bag and from another bag, 6.174 Kg Ganja were recovered and thus, in total 12.274 Kg Ganja was recovered from her. However, on conducting the search of Sandhya Kashyap, a printed bag was recovered in which two packets were found. In one packet, 6.592 Kg Ganja was recovered and in another, 5.678 Kg of Ganja was recovered and thus, in total 12.270 Kgs Ganja was recovered from Sandhya Kashyap and thus, in total 24.544 Kg of Ganja was recovered in this case. They failed to produce any licence regarding the conscious possession of the same, thus, the FIR was registered and all the accused were arrested on the spot. The samples taken were sent to the FSL. On completion of the investigation, the challan was presented. During the investigation, complicity of the petitioner surfaced on the basis of disclosure statement of both the women as he being the supplier of the contraband, thus, he was arrayed as an accused in the present case. Resultantly, the petitioner was arrested on 15.09.2025. The petitioner approached the Court of learned Additional Sessions Judge, Gurugram, praying for the grant of bail. However after hearing both the sides and finding no merit in the same, the learned Additional Sessions Judge, Gurugram, declined the bail application filed by the petitioner vide order dated 21.11.2025. Hence being aggrieved, the petitioner is before this Court by way of filing the present petition praying for the grant of regular bail.

3. Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely and frivolously implicated in the present case. He has submitted that neither the petitioner was named in the FIR nor any recovery has been effected from him. However he has been implicated in the present case only on the basis of disclosure statement of co-accused, namely, Devyanti Devi and Sandhya Kashyap as he was the supplier of the recovered contraband, which is not even an admissible evidence. He has further submitted that the investigation in the present case stands concluded and supplementary challan has been presented before the learned trial Court. He has further submitted that out of total 29 prosecution witnesses, no witness has been examined t