138 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on: 08.04.2026 Noshad ..... Petitioner Versus State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Afjal Hussain, Advocate, for the petitioner.

Rajesh Bhardwaj, J.

1. Prayer in the present petition is for quashing of the FIR No.144, dated 28.03.2026, registered under Section 20 of NDPS Act, at Police Station City Palwal, District Palwal alongwith all the consequential proceedings arising therefrom.

2. Succinctly, facts of the case are that on 28.03.2026, the police party while on patrolling received a secret information to the effect that Ashfaq sells ganja from his home and today, he is present at his home and has ganja with him. It was informed that in case of raid, he could be arrested alongwith the contraband. On receiving the information, a raiding team was constituted and raid was conducted at the house of Ashfaq. On conducting search, Ashfaq was found to be present at his house and total 674 grams of ganja was found from there. He failed to produced any licence regarding the possession of the same, and thus, on registration of the FIR, he was arrested on the spot. Samples taken were sent to the FSL. On the registration of the FIR, the investigation commenced. During investigation, on the disclosure statement of Ashfaq, complicity of the petitioner, namely, Noshad was surfaced and he was also arrayed as an accused in the present case. Hence, the petitioner has approached this Court by way of filing the present petition for quashing the FIR.

3. It has been vehemently contended by counsel for the petitioner that the petitioner has been falsely and frivolously implicated in the present FIR on the basis of false and concocted story. He submits that the petitioner and his family members filed CWP-19766-2023 before this Court as they had apprehension of demolition of their house and this Court vide order dated 06.09.2023 disposed of the same. However, thereafter, brother of petitioner i.e. Ashfaq was falsely implicated in the impugned FIR. He has submitted that the petitioner and his family were pressurized to withdraw the quashing petition CRM-M-48786-2023 failing which petitioner and his brother, namely, Sonu Qureshi were implicated in false cases. He contends that time and again, the petitioner and his family members were implicated in the false and frivolous cases and on the other hand, no action was taken on the complaint(s) filed by the petitioner and his family members. He relies upon the judgment of Hon’ble Supreme Court in State of Haryana vs. Bhajan Lal, 1992 Supp (1) SCC 335 and submits that in the overall facts and circumstances of the present case, prosecution of the petitioner is nothing but an abuse of the process of the Court and the thus, the present FIR deserves to be quashed.

4. Notice of motion.

5. Mr. Tanuj Sharma, AAG, Haryana, accepts notice on behalf of the State. He has opposed the submissions made by counsel for the petitioner. He has submitted that though the petitioner was not named in the FIR, however, on disclosure statement of the co-accused Ashfaq, who is none other than his brother, the petitioner has been arrayed as an accused in the present case. He submits that the case is under investigation and thus, no case for quashing of the FIR is made out.

6. I have heard learned counsel for the parties and have gone through the record with their able assistance. The allegations made in the FIR and the material collected during investigation cannot be meticulously examined at this stage to determine their truthfulness. In the present case, the investigation is still at a nascent stage. The petitioner has been arrayed as an accused on the basis of disclosure statement of the co-accused, and the investigating agency is yet to collect further evidence. Whether such disclosure statement is corroborated by independent evidence or not, is a matter to be examined during the course of investigation or at the stage