222+228 (2 cases)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

1. CRM-M-51615-2025 Mosin .....Petitioner versus State of Haryana ..... Respondent 2. CRM-M-64334-2025 Abid @ Yabid .....Petitioner versus State of Haryana ..... Respondent Date of decision : 16.02.2026 CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. Davneet Sangwan, Advocate for the petitioner in CRM-M-51615-2025.

Mr. P.S. Sekhon, Senior Advocate with Mr. Guraziz Singh Dhillon, Advocate for the petitioner in CRM-M-64334-2025.

Mr. Tanuj Sharma, A.A.G., Haryana. RAJESH BHARDWAJ , J. (Oral)

1. By way of this common order, this Court intend to dispose of abovesaid two petitions as they have arisen out of the same FIR.

2. Petitioners have approached this Court by way of present petitions praying for granting them regular bail in case FIR No.483 dated 04.12.2024, under Sections 21 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Madhuban Karnal, District Karnal.

3. Succinctly, the facts of the present case are that the police party, while on patrolling on 04.12.2024, received a secret information to the effect that Rashid and Irshad are involved in smuggling of heroin. It was informed that they were standing before Bastara Toll Tax alongwith the contraband and were waiting for their customers. If the raid is conducted, they could be apprehended along with contraband. On receiving the information, the raiding party reached at the place disclosed. Two persons as resembling in the secret information were found standing there and both were apprehended. On asking, they disclosed their names to be Rashid and Irshad. Rashid was holding a bag and the police suspected him to be carrying some contraband in the same, thus, same was searched. On conducting the search, 271 grams and 31 mgs heroin was recovered from the same. They failed to produce any licence regarding possession of the same and hence, the FIR was registered and they were arrested on spot. On registration of FIR, the investigation commenced. Samples taken were sent to the FSL. During investigation, they made a disclosure statement about the involvement of the petitioners and thus, they were also arrayed as an accused. Resultantly, petitioner-Mosin (in CRM-M-51615-2025) was arrested on 20.03.2025 and petitioner-Abid (in CRM-M-64334-2025) was arrested on 22.04.2025 Petitioners approached Learned Additional Sessions Judge-Cum-Exclusive Court for Fast Track of Offences under NDPS Act, Karnal praying for grant of bail, however, finding no merit, their applications were declined after hearing both the sides by Learned trial Courts vide orders dated 18.06.2025 and 10.07.2025, respectively. Aggrieved by the same, petitioners earlier approached this Court by way of filing of CRM-M-29326-2025 and CRM-M-39943-2025, which were dismissed as withdrawn by this Court vide orders dated 29.05.2025 and 31.07.2025, respectively. Hence, petitioners are before this Court by way of filing of present second petitions praying for grant of bail.

4. It has been submitted by learned Senior counsel that the petitioners have been falsely implicated in the present case. It is submitted that admittedly the case of the prosecution is based on the secret information qua the co-accused, however, there is violation of the provisions of Section 42 of the NDPS Act. It is submitted that petitioners were neither named in the secret information nor any recovery has been effected from them, however, they are arrayed as an accused only on the basis of disclosure statement of co-accused. It is submitted that the alleged recovery is of 271 grams 31 mgs of heroin from co-accused which is marginally above the commercial quantity. It is submitted that the alleged recovery has been effected from a public place, however, there was no independent witness joined by the investigation agencies. It is submitted that the compliance of Section 50 of NDPS Act, was mandatory however, there is blatant violation of the