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2025 Supreme(Online)(P&H) 27655

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GOVIND ALIAS AJAY ALIAS GOBIND SINGH – Appellant
Versus
STATE OF HARYANA – Respondent



151 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 30.03.2026 Govind @ Ajay @ Gobind Singh ..... Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Vikas Bishnoi, Advocate, for the petitioner.

Mr. Tanuj Sharma, AAG, Haryana.

Rajesh Bhardwaj, J. (ORAL)

1. Prayer in the present petition is for grant of regular bail to the petitioner in a case FIR No.146 dated 19.02.2025, registered under Sections

21-(b) of NDPS Act, 1985, at Police Station Sadar Hisar, District Hisar.

2. Succinctly, facts of the case are that on 19.02.2025, the police party while on patrolling received a secret information to the effect that Vijay Singh is involved in the business of selling heroin. It was informed that Vijay Singh would sell heroin to Ravi Singh and Ajay Kumar at his house and in case of raid, they all could be arrested alongwith the contraband. On receiving the information, raiding team was constituted and raid was conducted at the place disclosed. Three persons were found to be sitting there and on the basis of suspicion, they all were apprehended by the police party. On asking, they disclosed their names to be Vijay Singh, Ravi Singh and Ajay Kumar. On giving offer under Section 50 of the NDPS Act, their search was conducted and 62.87 grams of heroin was recovered from the possession of Vijay Singh, 10.08 grams of heroin was recovered from the possession of Ajay Kumar and 19.96 grams of heroin was recovered from the possession of Ravi Singh. They failed to produce any licence regarding the possession of the same, and thus, on registration of the FIR, they were arrested on the spot. The investigation commenced. Samples taken were sent to the FSL. During investigation, complicity of the petitioner, namely, Govind @ Ajay @ Gobind Singh was surfaced on the disclosure statement of Vijay Singh and he was arrested on 11.10.2025. The petitioner approached the Court of learned Additional Sessions Judge, Fast Track, Special Court, NDPS Act, Hisar praying for grant of regular bail. However, after hearing both the sides, the learned Court finding no merit in the same, dismissed the bail application filed by the petitioner vide order dated 11.12.2025. Hence, the petitioner has approached this Court praying for grant of regular bail by way of filing the present petition.

3. It has been vehemently contended by learned counsel for the petitioner that the petitioner has been falsely and frivolously implicated in the present case. He submits that alleged recovery of 91.19 grams of heroin has been recovered from co-accused, namely, Vijay Singh, Ravi Singh and Ajay Kumar and the petitioner has been arrayed as an accused on the disclosure statement of Vijay Singh, which is not even an admissible evidence. He submits that even otherwise, alleged total recovery effected from the co-accused is 91.19 grams of heroin, which is a non-commercial quantity and provisions of Section 37 of the NDPS Act are not attracted. He further submits that even otherwise, the alleged recovery has been effected in violation of Section 50 of the NDPS Act and thus, false implication of the petitioner is writ large. He submits that though the petitioner is involved in 3- other cases, however, he is on bail in those cases. He, thus, has submitted that in the overall facts and circumstances, the petitioner deserves to be granted bail.

4. Per contra, learned State counsel has vehemently controverted the submissions made by counsel for the petitioner. He submits that the petitioner is a habitual offender. It is submitted that during the investigation, complicity of the petitioner was surfaced as he was found to be the supplier of the contraband recovered from the co-accused. On instructions, he has submitted that out of total 17 prosecution witnesses, no witness has been examined till date. He has placed on record the custody certificate of the petitioner.

5. After hearing counsel for the parties and perusing the rec

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