PAWAN KUMAR PANDIT PAWAN KUMAR PANDIT v. HARYANA STATE OF HARYANA

Present: Mr. Advocate for the petitioner Mr. Manvinder Sidhu, 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 one is the second petition The petition filed 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. 107 dated 21.03.2025 in case arising out of FIR No.107 dated 21.03.2025 Narcotic Drugs and Psychotropic registered under Sections 21C and 29 of the Narcotic Drugs and Psychotropic Narcotic Drugs and Psychotropic registered under Sections 21C and 29 of the tances Act and Section 25(1)(a) of Arms Act at Police Station Civil Line Substances Act and Section 25(1)(a) of Arms Act at Police Station Civil Line tances Act and Section 25(1)(a) of Arms Act at Police Station Civil Line tances Act and Section 25(1)(a) of Arms Act at Police Station Civil Line 71848 of 2025 was Sirsa, District Sirsa. His previous petition bearing CRM-M-71848 of 2025 was Sirsa, District Sirsa. His previous petition bearing CRM Sirsa, District Sirsa. His previous petition bearing CRM dismissed as withdrawn by this Court on 14.01.2026. as withdrawn by this Court on 14.01.2026.

#2. d Abhishek and As per the allegations, on 21.03.2025, the accused Abhishek and As per the allegations, on 21.03.2025, the accuse As per the allegations, on 21.03.2025, the accuse of heroin was recovered from Pardeep Singh were apprehended and 4.256 Kgs of heroin was recovered from Pardeep Singh were apprehended and 4.256 Kg Pardeep Singh were apprehended and 4.256 Kg their conscious possession which was taken into custody by the Police. They their conscious possession which was taken into custody by the Police. They their conscious possession which was taken into custody by the Police. They their conscious possession which was taken into custody by the Police. They CRM-M-31852- -2026 (O&M) 2 were formally arrested and interrogated. Accused Abhishek suffered disclosure were formally arrested and interrogated. Accused Abhishek suffered disclosure were formally arrested and interrogated. Accused Abhishek suffered disclosure were formally arrested and interrogated. Accused Abhishek suffered disclosure the effect that he had purchased the contraband from Village Bandi, statement to the effect that he had purchased the contraband from Village Bandi, the effect that he had purchased the contraband from Village Bandi, the effect that he had purchased the contraband from Village Bandi, District Bathinda and the same was to be supplied to the present petitioner and District Bathinda and the same was to be supplied to the present petitioner and District Bathinda and the same was to be supplied to the present petitioner and District Bathinda and the same was to be supplied to the present petitioner and some other persons and an amount of Rs.1 lakh had been received by them in some other persons and an amount of Rs.1 lakh had been received by them in some other persons and an amount of Rs.1 lakh had been received by them in some other persons and an amount of Rs.1 lakh had been received by them in the purpose of purchasing the contraband. The advance from the petitioner for the purpose of purchasing the contraband. The the purpose of purchasing the contraband. The advance from the petitioner for petitioner was nominated as an accused. He was arrested on 25.04.2025. petitioner was nominated as an accused. He was arrested on 25.04.2025. petitioner was nominated as an accused. He was arrested on 25.04.2025. petitioner was nominated as an accused. He was arrested on 25.04.2025. Investigation now stands concluded. Investigation now stands concluded.

#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 disclosure statement of co falsely implicated in this c accused ase on the basis of disclosure statement of co-accused which cannot be considered to be legally admissible in evidence. He is in which cannot be considered to be legally admissible in evidence. He is in which cannot be considered to be legally admissible in evidence. He is in which cannot be considered to be legally admissible in evidence. He is in custody since long. The trial will take considerable time to conclude as no custody since long. The trial will take considerable time to conclude as no custody since long. The trial will take considerable time to conclude as no custody since long. The trial will take considerable time to conclude as no recovery has been effected prosecution witness has been examined so far. No recovery has been effected prosecution witness has been examined so far. No prosecution witness has been examined so far. No from him. His involvement in other cases cannot be considered to be a reason from him. His involvement in other cases cannot be considered to be a reason from him. His involvement in other cases cannot be considered to be a reason from him. His involvement in other cases cannot be considered to be a reason for denying benefit of bail. It is, therefore, argued that the petition deserves to for denying benefit of bail. It is, therefore, argued that the petition deserves to for denying benefit of bail. It is, therefore, argued that the petition deserves to for denying benefit of bail. It is, therefore, argued that the petition deserves to be allowed.

#5. Notice of motion. Notice of motion. dvance notice of the petition and is Learned State counsel has advance notice of the petition and is dvance notice of the petition and is Learned State counsel has a She has placed on record the custody certificate of ready to argue the matter. She has placed on record the custody certificate of She has placed on record the custody certificate of ready to argue the matter. this petition is not maintainable being the the petitioner and has submitted that this petition is not maintainable being the this petition is not maintainable being the the petitioner and has submitted that second petition. The allegations against the petitioner second petition. The are serious in nature. He allegations against the petitioner are serious in nature. He d in 11 other cases. He has even been convicted in is a habitual offender, involved in 11 other cases. He has even been convicted in d in 11 other cases. He has even been convicted in is a habitual offender, involve one case of similar nature and one case under the registered provisions of Excise one case of similar nature and one case under the registered provisions of Excise one case of similar nature and one case under the registered provisions of Excise one case of similar nature and one case under the registered provisions of Excise CRM-M-31852- -2026 (O&M) 3 bsconding, if Act. There are chances of his committing similar offences or absconding, if Act. There are chances of his committing similar offences or a Act. There are chances of his committing similar offences or a extended benefit of bail. It is thus argued that the petition does not deserve to be extended benefit of bail. It is thus argued that the petition does not deserve to be extended benefit of bail. It is thus argued that the petition does not deserve to be extended benefit of bail. It is thus argued that the petition does not deserve to be allowed.

#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 had been nominated in this case on the basis of The petitioner had been nominated in this case on the basis of The petitioner had been nominated in this case on the basis of The petitioner had been nominated in this case on the basis of accused Abhishek as prospective purchaser of the disclosure statement of the co-accused Abhishek as prospective purchaser of the accused Abhishek as prospective purchaser of the disclosure statement of the co accused Pardeep. As per the contraband recovered from him and the co-accused Pardeep. As per the accused Pardeep. As per the contraband recovered from him and the co allegations, he had given a sum of Rs.1 lakh he had given a sum of Rs.1 lakh to the co accused. However, there to the co-accused. However, there is no material on record to show the same. The petitioner is shown to be is no material on record to show the same. The petitioner is shown to be is no material on record to show the same. The petitioner is shown to be is no material on record to show the same. The petitioner is shown to be involved in several other cases registered against him, some of which are under involved in several other cases registered against him, some of which are under involved in several other cases registered against him, some of which are under involved in several other cases registered against him, some of which are under ment in the the provisions of the NDPS Act, however, on account of his involvement in the the provisions of the NDPS Act, however, on account of his involve the provisions of the NDPS Act, however, on account of his involve same, he cannot be denied benefit of bail in this case. He has been in custody same, he cannot be denied benefit of bail in this case. He has been in custody same, he cannot be denied benefit of bail in this case. He has been in custody same, he cannot be denied benefit of bail in this case. He has been in custody for a period of 01 year 02 months and 06 days. Trial will take considerable time for a period of 01 year 02 months and 06 days. Trial will take considerable time for a period of 01 year 02 months and 06 days. Trial will take considerable time for a period of 01 year 02 months and 06 days. Trial will take considerable time - to conclude as no prosecution witness has been examined so far. The co to conclude as no prosecution witness has been examined so far. The co- to conclude as no prosecution witness has been examined so far. The co njeet Singh and Dev Raj @ Titu against whom similar allegations accused Ranjeet Singh and Dev Raj @ Titu against whom similar allegations njeet Singh and Dev Raj @ Titu against whom similar allegations njeet Singh and Dev Raj @ Titu against whom similar allegations he too deserves to were levelled have been extended benefit of bail. On parity, he too deserves to were levelled have been extended benefit of bail. On parity were levelled have been extended benefit of bail. On parity be extended the benefit of bail. His prolonged incarceration militates against his be extended the benefit of bail. His prolonged incarceration militates against his be extended the benefit of bail. His prolonged incarceration militates against his be extended the benefit of bail. His prolonged incarceration militates against his fundamental rights guaranteed under Article 21 of the Constitution. fundamental rights guarantee Tofan d under Article 21 of the Constitution. In Tofan