Please Log in / Register to access the full text of this judgment and the entire database
(2026) Law Today Live Doc. Id. 21034 = 2026:PHHC:072297
Decided on: 08.05.2026
Present:
Mr. Ramandeep Singh Gill, Advocate and Mr. Shivam Dang, Advocate for the petitioner.
Mr. Amish Sharma, Assistant Advocate General, Haryana.
***
Regular bail -- NDPS -- Petitioner neither named in secret information nor apprehended at spot -- No recovery effected from petitioner -- Implication primarily based upon disclosure statement -- Trial likely to take considerable time -- Regular bail granted.
***
Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 15-B, 15-C, 29, 61 -- Regular bail – NDPS -- Recovery of 28.750 Kgs. Doda Poppy Husk effected from co-accused travelling in car -- Petitioner neither nominated in secret information nor apprehended at spot -- No recovery effected from petitioner at time of arrest -- Allegations against petitioner based mainly on disclosure statement of co-accused regarding supply of contraband -- No other substantive evidence shown at stage of bail – Custody of 02 months and 26 days and trial of the case is likely to consume considerable time -- Further incarceration held not justified -- Petitioner ordered to be released on regular bail.
(Para 6-8)
***
SANJAY VASHISTH, J. (ORAL) –
1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:-
|
Name of Petitioner(s) |
FIR No. |
Date |
Section(s) |
Police Station |
District |
|
Raghuveer Singh @ Raghav |
80 |
07.02.2026 |
15(B) of NDPS Act (15(C)/29/61 of NDPS Act added later on) |
City Sirsa |
Sirsa |
2. As per case of the prosecution, on the basis of secret information, raid was conducted and thereon two of the main accused namely Vivek and Sanjay were arrested while both of them were together in Ritz Car No.HR-51-AS-3828. On conducting search of the car, from its rear boot, two bags of 10 Kgs each of Doda Poppy Husk were recovered. There was a third bag also containing 8 Kgs – 750 grams of crushed Doda Poppy Husk (total recovery is of 28.750 Kgs.).
3. Learned counsel for the petitioner contends that neither the name of the petitioner was mentioned in the secret information nor he was present on the spot. Even when the petitioner was arrested on 12.02.2026, no recovery of any narcotic contraband could be effected from him. Although, as per disclosure statement, there were total four more accused namely Raghuveer Singh @ Raghu (petitioner herein), Gurwinder Singh (already arrested), Sukhwinder Singh and Sachin are yet to be arrested. Thus, learned counsel prays for grant of bail to the petitioner.
4. On the other hand, learned State counsel argues that investigation is still continuing and two of the accused Sukhwinder Singh and Sachin are yet to be arrested. Therefore, petitioner, against whom there is allegation of supplying of total 100 Kgs of Doda Post to the respective accused is inside jail for a period of only 02 months and 26 days, his plea of bail be declined.
5. I have considered the submissions addressed by the respective counsel.
6. Once petitioner was not nominated by the secret informant nor he was apprehended on the spot when the recovery was effected from the main accused Vivek and Sanjay. Whether reliance placed on the disclosure statement of such arrested accused is an admissible evidence or not, would be matter to be adjudicated by the trial Court at the final stage after adducing of complete evidence before it. No purposeful reason has been elaborated by learned State counsel warranting further incarceration of the petitioner inside jail. Primarily considering the aspect that except of the disclosure statement of the co-accused, there is no other evidence against the petitioner and CDR details etc., would be seen at the final stage of trial. Petitioner is inside jail for the last 02 months and 26 days and trial of the case is likely to consume considerable time.
7. In view of totality of circumstances, and the facts/allegations levelled against the petitioner, and the factors noticed hereinabove, I deem it appropriate to grant the concession of bail to the petitioner.
8. Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/ surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case.
9. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.
10. Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law.
11. Petition stands disposed of.
Petition allowed.
********