RAJ SHARMA ALIAS NURYO v. STATE OF HARYANA

Present: Mr. Advocate for the petitioner Mr. Kawalpreet Singh Virk, Advocate for the petitioner Ms. Himani Arora, DAG, Haryana Ms. Himani Arora, DAG, Haryana **** MANISHA BATRA, J. (ORAL) MANISHA BATRA, J. (ORAL)

#1. The instant petition has been preferred The preferred by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of regular regular bail in case arising out of FIR No. 403 dated 16.06.2025 in case arising out of FIR No.403 dated 16.06.2025 registered under Sections 21(c), 20(b)(ii)(c) of the Narcotic Drugs and registered under Sections 21(c), 20(b)(ii)(c) of the registered under Sections 21(c), 20(b)(ii)(c) of the Psychotropic Substances Act for short “NDPS Act” Psychotropic Substances Act (Section 29 of NDPS Act for short “NDPS Act” (Section 29 of NDPS Act and Section 14 of Foreigner Act, 1946 added subsequently) at Police Station and Section 14 of Foreigner Act, 1946 added subsequently) at Police Station and Section 14 of Foreigner Act, 1946 added subsequently) at Police Station and Section 14 of Foreigner Act, 1946 added subsequently) at Police Station Sadar Gurgaon, District Gurgaon. Sadar Gurgaon, District Gurgaon.

#2. As per the allegations, on 16.06.2025, on receipt of a secret As per the allegations, on 16.06.2025, on receipt of a secret As per the allegations, on 16.06.2025, on receipt of a secret As per the allegations, on 16.06.2025, on receipt of a secret rmation to the effect that the accused Bimal Pahadi who was hailing from information to the effect that the accused Bimal Pahadi who was hailing from rmation to the effect that the accused Bimal Pahadi who was hailing from rmation to the effect that the accused Bimal Pahadi who was hailing from was indulged in the business of sale of narcotic substances and had been Nepal, was indulged in the business of sale of narcotic substances and had been was indulged in the business of sale of narcotic substances and had been was indulged in the business of sale of narcotic substances and had been present in Gurugram from the last few days and that he was having substantial present in Gurugram from the last few days and that he was having substantial present in Gurugram from the last few days and that he was having substantial present in Gurugram from the last few days and that he was having substantial quantity of narcotic substances with him and could quantity of narcotic subs be apprehended with the tances with him and could be apprehended with the raiding party was formed by believing the said information to be true. same, a raiding party was formed by believing the said information to be true. raiding party was formed by believing the said information to be true. raiding party was formed by believing the said information to be true. Members of raiding team reached at the informed place and apprehended Members of raiding team reached at the informed place and apprehended Members of raiding team reached at the informed place and apprehended Members of raiding team reached at the informed place and apprehended CRM-M-15193- -2026 (O&M) 2 y of 1060 grams of accused Bimal Pahadi. On conducting his search, recovery of 1060 grams of accused Bimal Pahadi. On conducting his search, recover accused Bimal Pahadi. On conducting his search, recover from his possession. The ) and 116 grams of cocaine were effected from his possession. The ) and 116 grams of cocaine were effect Sulfa (charas) and 116 grams of cocaine were effect he suffered aforementioned accused was formally arrested. On interrogation, he suffered aforementioned accused was formally arrested. On interrogation aforementioned accused was formally arrested. On interrogation disclosure statement admitting his involvement in the crime. On the basis of his disclosure statement admitting his involvement in the crime. On the basis of his disclosure statement admitting his involvement in the crime. On the basis of his disclosure statement admitting his involvement in the crime. On the basis of his disclosure statement as suffered on 17.06.2025, one Nigerian namely David @ disclosure statement as suffered on 17.06.2025, one Nigerian namely David @ disclosure statement as suffered on 17.06.2025, one Nigerian namely David @ disclosure statement as suffered on 17.06.2025, one Nigerian namely David @ Kala and one Lal Kothari were nominated as accused. During the course of Kala and one Lal Kothari were nominated as accused. During the course of Kala and one Lal Kothari were nominated as accused. During the course of Kala and one Lal Kothari were nominated as accused. During the course of investigation, accused Lal Kothari was arrested on 18.06.2025 and on the same investigation, accused Lal Kothari was arrested on 18.06.2025 and on the same investigation, accused Lal Kothari was arrested on 18.06.2025 and on the same investigation, accused Lal Kothari was arrested on 18.06.2025 and on the same day Nigerian Uguchukwu John @ David was also apprehended. day Nigerian Uguchukwu John They suffered @ David was also apprehended. They suffered disclosure statements admitting their involvement. The accused Bimal Pahadi disclosure statements admitting their involvement. The accused Bimal Pahadi disclosure statements admitting their involvement. The accused Bimal Pahadi disclosure statements admitting their involvement. The accused Bimal Pahadi suffered another disclosure statement on 18.06.2025 on the basis of which, the suffered another disclosure statement on 18.06.2025 on the basis of which suffered another disclosure statement on 18.06.2025 on the basis of which Then another disclosure present petitioner was nominated as additional accused. Then another disclosure present petitioner was nominated as additional accused. present petitioner was nominated as additional accused. statement was suffered by accused Bimal Pahadi on 02.08.2025. The petitioner statement was suffered by accused Bimal Pahadi on 02.08.2025. The petitioner statement was suffered by accused Bimal Pahadi on 02.08.2025. The petitioner statement was suffered by accused Bimal Pahadi on 02.08.2025. The petitioner was arrested on 26.08.2025. He alongwith the other accused moved an was arrested on 26.08.2025. He alongwith the other accused moved an was arrested on 26.08.2025. He alongwith the other accused moved an was arrested on 26.08.2025. He alongwith the other accused moved an application for grant of regular bail which has been dismissed by the Court of application for grant of regular bail which has been dismissed by the Court of application for grant of regular bail which has been dismissed by the Court of application for grant of regular bail which has been dismissed by the Court of ned Additional Sessions Judge, Gurugram vide order dated 10.02.2026. Learned Additional Sessions Judge, Gurugram vide order dated 10.02.2026. ned Additional Sessions Judge, Gurugram vide order dated 10.02.2026.

#3. It is argued by learned counsel for the petitioner that he has been It is argued by learned counsel for the petitioner that he has been It is argued by learned counsel for the petitioner that he has been It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of second disclosure statement of the falsely implicated in this case on the basis of second disclosure statement of the falsely implicated in this case on the basis of second disclosure statement of the falsely implicated in this case on the basis of second disclosure statement of the co-accused which cannot be consi dered to be legally admissible in evidence. accused which cannot be considered to be legally admissible in evidence. dered to be legally admissible in evidence. The allegations that he had supplied ations that he had supplied sulpha (charas) to the co accused Bimal sulpha (charas) to the co-accused Bimal Pahadi are without any substance. He is in custody since 26.08.2025. No Pahadi are without any substance. He is in custody since 26.08.2025. No Pahadi are without any substance. He is in custody since 26.08.2025. No Pahadi are without any substance. He is in custody since 26.08.2025. No ean. He has been recovery has been effected from him. His antecedents are clean. He has been recovery has been effected from him. His antecedents are cl recovery has been effected from him. His antecedents are cl made a scapegoat to let off real culprits. With these broad submissions, it is made a scapegoat to let off real culprits. With these broad submissions, it is made a scapegoat to let off real culprits. With these broad submissions, it is made a scapegoat to let off real culprits. With these broad submissions, it is urged that he deserves to be released on bail. urged that he deserves to be released on bail. CRM-M-15193- -2026 (O&M) 3

#5. Notice of motion. Notice of motion. Learned State counsel has advance notice of the petition and is Learned State counsel has advance notice of the petition and is Learned State counsel has advance notice of the petition and is Learned State counsel has advance notice of the petition and is ready to argue the matter. She has placed on record ready to argue the ma the custody certificate of tter. She has placed on record, the custody certificate of the petitioner and has submitted that taking into consideration the gravity of the the petitioner and has submitted that taking into consideration the gravity of the the petitioner and has submitted that taking into consideration the gravity of the the petitioner and has submitted that taking into consideration the gravity of the allegations levelled against the petitioner, the fact that he is resident of distant allegations levelled against the petitioner, the fact that he is resident of distant allegations levelled against the petitioner, the fact that he is resident of distant allegations levelled against the petitioner, the fact that he is resident of distant State of Assam and was involved with the co State of Assam and was invo accused one of whom was a lved with the co-accused one of whom was a Nigerian resident and that there are chances of his absconding Nigerian resident further that and that there are chances of his absconding and further that accused, he does the quantity of the narcotic substance recovered from the co-accused, he does the quantity of the narcotic substance recovered from the co the quantity of the narcotic substance recovered from the co petition deserve to be not deserve to be extended benefit of bail and the petition deserve to be not deserve to be extended benefit of bail and the not deserve to be extended benefit of bail and the dismissed.

#6. This Court has heard the rival submissions made by learned counsel This Court has heard the rival submissions made by learned counsel This Court has heard the rival submissions made by learned counsel This Court has heard the rival submissions made by learned counsel for the parties at considerable length. for the parties at considerable length.

#7. The petitioner is alleged to have supplied commercial quantity of The petitioner is alleged to have supplied commercial quantity of The petitioner is alleged to have supplied commercial quantity of The petitioner is alleged to have supplied commercial quantity of sulpha (charas) to the co-accused Bimal Pahadi. sulpha (charas) to the co disclosure ahadi. As per whose disclosure Tofan Singh statement, he had sourced the contraband from the petitioner. In Tofan Singh statement, he had sourced the contraband from the petitioner. In statement, he had sourced the contraband from the petitioner. In