Abdur Rab Khan @ Saim v. State of Haryana

MANDEEP PANNU HON'BLE MS. JUSTICE MANDEEP PANNU Present: Mr. Saleem Ahmed, Advocate for the petitioner. Mr. Saleem Ahmed, Advocate for the petitioner. Mr. Saleem Ahmed, Advocate for the petitioner. Ms. Jasmine Gill, AAG Haryana. Ms. Jasmine Gill, AAG Haryana. -.- MANDEEP PANNU J. (Oral) MANDEEP PANNU J.

1. petition filed under Section 483 of the Bharatiya This is the first petition filed under Section 483 of the Bharatiya petition filed under Section 483 of the Bharatiya This is the Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in case FIR No. 18 18 dated 07.02.2026, registered under Sections of the , registered under Sections 21-B, 61, 85 of the NDPS Act at Police Station at Police Station City Nuh, District Nuh, Haryana ct Nuh, Haryana.

2. Briefly stated, as per the prosecution case, on 06.02.2026, the Briefly stated, as per the prosecution case, on 06.02.2026, the Briefly stated, as per the prosecution case, on 06.02.2026, the Briefly stated, as per the prosecution case, on 06.02.2026, the accused Shakil Ahmed and Rahis was apprehended, and 5 petitioner along with co-accused Shakil Ahmed and Rahis was apprehended, and 5 accused Shakil Ahmed and Rahis was apprehended, and 5 petitioner along with co grams of MDMA was allegedly recovered from the petitioner, whereas 11 grams of grams of MDMA was allegedly recovered from the petitioner, whereas 11 grams of grams of MDMA was allegedly recovered from the petitioner, whereas 11 grams of grams of MDMA was allegedly recovered from the petitioner, whereas 11 grams of smack (cheeta) was recovered from the co accused in the presence of a Duty a) was recovered from the co-accused in the presence of a Duty accused in the presence of a Duty Magistrate. Thereafter, the present FIR was registered and the accused persons Magistrate. Thereafter, the present FIR was registered and the accused persons Magistrate. Thereafter, the present FIR was registered and the accused persons Magistrate. Thereafter, the present FIR was registered and the accused persons were arrested. During investigation, they are stated to have suffered disclosure were arrested. During investigation, they are stated to have suffered disclosure were arrested. During investigation, they are stated to have suffered disclosure were arrested. During investigation, they are stated to have suffered disclosure statements. TRIPTI SAINI 2026.03.25 16:39 I attest to the accuracy and integrity of this document CRM-M-15288- -2026 (O&M) -2-

3. or the petitioner submits that the petitioner has been Learned counsel for the petitioner submits that the petitioner has been or the petitioner submits that the petitioner has been Learned counsel f falsely implicated in the present case. It is contended that the alleged recovery falsely implicated in the present case. It is contended that the alleged recovery falsely implicated in the present case. It is contended that the alleged recovery falsely implicated in the present case. It is contended that the alleged recovery commercial quantity. It is further submitted from the petitioner falls within non-commercial quantity. It is further submitted commercial quantity. It is further submitted from the petitioner falls within non that the co-accused has already been granted bail, the challan has been presented, accused has already been granted bail, the challan has been presented, granted bail, the challan has been presented, and the trial is likely to take considerable time to conclude. Learned counsel and the trial is likely to take considerable time to conclude. Learned counsel and the trial is likely to take considerable time to conclude. Learned counsel and the trial is likely to take considerable time to conclude. Learned counsel further submits that the petitioner is in custody since 07.02.2026. further submits that the petitioner is in custody since 07.02.2026. further submits that the petitioner is in custody since 07.02.2026.

4. grant of bail Per contra, learned State counsel opposes the prayer for grant of bail Per contra, learned State counsel opposes the prayer for Per contra, learned State counsel opposes the prayer for and submits that the petitioner is involved in another case of similar nature. and submits that the petitioner is involved in another case of similar nature. and submits that the petitioner is involved in another case of similar nature.

5. I have heard learned counsel for the parties and perused the material I have heard learned counsel for the parties and perused the material I have heard learned counsel for the parties and perused the material I have heard learned counsel for the parties and perused the material on record.

6. non- In the present case, the recovery effected from the petitioner is of non In the present case, the recovery effected from the petitioner is of In the present case, the recovery effected from the petitioner is of commercial quantity. The petitioner is commercial quantity. The petitioner is commercial quantity. The petitioner is commercial quantity. The petitioner is in custody since 07.02.2026, the in custody since 07.02.2026, the in custody since 07.02.2026, the in custody since 07.02.2026, the investigation stands completed and the challan has already been presented. The investigation stands completed and the challan has already been presented. The investigation stands completed and the challan has already been presented. The investigation stands completed and the challan has already been presented. The accused has trial is not likely to conclude in the near future. Moreover, the co-accused has trial is not likely to conclude in the near future. Moreover, the co trial is not likely to conclude in the near future. Moreover, the co already been granted bail. already been granted

7. As As As As regards regards regards regards the submission of the submission of the submission of the submission of learned State counsel learned State counsel learned State counsel learned State counsel of similar nature, reference is placed upon petitioner is involved in two other cases of similar nature, reference is placed upon of similar nature, reference is placed upon petitioner is involved in Maulana Mohd. Amir Rashadi Vs. the judgment of the Hon'ble Supreme Court in ‘Maulana Mohd. Amir Rashadi Vs. Maulana Mohd. Amir Rashadi Vs. the judgment of the Hon'ble Supreme Court in ‘