The p vs State of Tamil Na

te and Vikramjeet Singh, Advocate and r the petitioner Mr. Surendra Pant, Advocate for the p Mr. S Mr. Neeraj Poswal, AAG, Haryana Mr. N **** MANISHA BATR BATRA, J. (ORAL)

1. The instant petition has been prefe The preferred by the petitioner under Section 483 of Bh of Bharatiya Nagarik Suraksha Sanh SS”) a Sanhita, 2023 (for short “BNSS”) for grant of regul regular bail in case arising out of F 2024 ut of FIR No.155 dated 18.04.2024 registered under under Sections 15C, 27A, 29 and and 25 of Narcotic Drugs and Psychotropic Subs c Substances Act (for short “NDPS”) DPS”) at Police Station City Mandi Dabwali, District S istrict Sirsa.

2. As per the allegations, on 18.04.20 As p .04.2024, on the basis of a secret information, the a , the accused Parveen Kumar, Jasbir h @ Jasbir Singh and Hardeep Singh @ Happy were appre apprehended and 07 bags each contai sk in containing 20 Kgs of poppy husk in total 140 Kgs of p gs of poppy husk were recovered fro sion. ed from their conscious possession. AMIT SHARMA 2026.03.20 10:21 I attest to the accuracy and integrity of this order/judgment. CRM-M-10962- -2026 (O&M) 2 During their custo r custodial interrogation, they disclose d the isclosed that they had purchased the contraband from from one Hoshiar Singh who was o was also arrested and suffered disclosure stateme tatement admitting his involvement in hat a ent in the crime. He disclosed that a truck bearing regi g registration No.RJ-09-GC-0219 mak 19 make Ashoka Layland was given to him by Govind ovind Singh and there was 140 Kg 0 Kgs of poppy husk, which he had sold to the accuse ccused Parveen Kumar, Jasbir Singh ppy. Singh and Hardeep Singh @ Happy. The accused Govi Govind Singh was nominated as an a dy in as an accused. He was in custody in some other case case and was joined into investigati stigation of this case and formally arrested on 02.07

02.07.2024. He too suffered disclo disclosure statement admitting his involvement in the t in the crime. On his disclosure, the p i Pal the present petitioner and Udai Pal Dangi were nom nominated as additional accused. used. The present petitioner was arrested on 14.09

14.09.2025. The petitioner and the nd the co-accused Udai Pal Dangi suffered disclosure closure statements to the effect that the gs of that they had handed over 15 bags of poppy husk to acc to accused Govind Singh. Investigatio stigation now stands completed.

3. It is argued by learned counsel for t It is a l for the petitioner that he has been falsely implicated icated in this case on the basis of the d - f the disclosure statement of the co- accused Govind w vind which cannot be considered to b No d to be admissible in evidence. No recovery has been s been effected from him. Several c veral co-accused have already been extended benefit o nefit of bail. On parity, he too deser fit of deserves to be extended benefit of bail. There are e are no chances of conclusion of t s no n of trial in the near future as no prosecution witnes witness has been examined so far. It t the far. It is, therefore, stressed that the petition deserves t erves to be allowed. AMIT SHARMA 2026.03.20 10:21 I attest to the accuracy and integrity of this order/judgment. CRM-M-10962- -2026 (O&M) 3

4. Status report has been filed by the re Status State the respondent-State. Learned State counsel has argue argued that keeping in view the grav e gravity of the allegations levelled against the petition petitioner, he is not entitled to get ben et benefit of bail. It is, thus, argued that the petition do does not deserve to be allowed.

5. This Court has heard the rival submis This C ubmissions made by learned counsel for the parties at co es at considerable length.

6. The petitioner alongwith the co-accus The p ed in accused is alleged to be involved in the business of sal of sale/purchase of contraband. He h . He has been nominated in this case on the basis of the of the disclosure statement of the co Vs. the co-accused. In Tofan Singh Vs. State of Tamil Na il Nadu, (2021) 4 SCC 1, it was obs as observed by Hon’ble Apex Court that the disclosur sclosure statements made under Se , are er Section 67 of NDPS Act, are inadmissible in ev e in evidence unless corroborated by in e the d by independent material. While the veracity of the dis the disclosure statement against the p t the petitioner will be tested during the course of trial f trial, however, at this stage, it canno t cannot be ignored that no recovery has been effected fected from the petitioner. The petiti ver a petitioner is in custody for over a period of 06 mont months and 05 days. There is nothi e, to s nothing on record, at this stage, to connect the petiti petitioner either with the subject cr ject crime or to show that he was connected with the ith the co-accused in any manner at t er at the relevant time. Investigation has been complet mpleted. Conclusion of trial would ould take considerable time as no prosecution witne witness has been examined so far. o far. The co-accused have already been granted conc d concession of bail by this Court. K ourt. Keeping in view the aforesaid facts and circumst rcumstances, this Court is of the cons e considered opinion that no useful purpose would be uld be served by keeping the petitione titioner in custody anymore. Taking AMIT SHARMA 2026.03.20 10:21 I attest to the accuracy and integrity of this order/judgment. CRM-M-10962- -2026 (O&M) 4 into consideration ration the above discussed facts but but without meaning to make any comments on the n the merits of the case lest the sa the same prejudice the trial in any manner, the prese present petition is allowed and th o be nd the petitioner is ordered to be released on bail, bail, subject to his furnishing perso personal and surety bonds to the satisfaction of the of the learned trial Court/Chief Judici Judicial Magistrate/Duty Magistrate concerned.

7. However, it will be open for th Howe for the prosecution to apply for cancellation of b of bail in case the petitioner is f r is found involved in any other case. subsequent case.

8. Since the main petition has been all Since n, if allowed, pending application, if any, is rendered in ered infructuous.

19.03.2026 Amit Sharma Whether speaking/reasoned:- Yes Whether reportable:- Yes/No Yes/No (MANISHA BATRA) (MA JUDGE AMIT SHARMA 2026.03.20 10:21 I attest to the accuracy and integrity of this order/judgment.