Judgment · High Court · 2026

Ms. Mahima Yashpal Singla, Senior DAG Haryana. Ms. Mahima Yashpal Singla, Senior DAG Haryana. SUMEET GOEL, J. (Oral) SUMEET GOEL *****

#1. 482 of The present petition is the second attempt under Section 482 of The present petition is the second attempt under Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) for grant of for grant of pre-arrest/anticipatory bail to the petitioner in case arrest/anticipatory bail to the petitioner in case bearing FIR No.0140 dated 13.05.2026 bearing FIR No. gistered for the offences 13.05.2026, registered for the offences punishable under Sections 21(b) and 27 punishable under Sections at Police 21(b) and 27-A of the NDPS Act at Police City Tohana, District Fatehabad. Station City Tohana, District Fatehabad. The petitioner had earlier approached this Court by way of a The petitioner had earlier approached this Court by way of a The petitioner had earlier approached this Court by way of a dismissed as petition seeking anticipatory bail. The said petition was dismissed as petition seeking anticipatory bail. The said petition was petition seeking anticipatory bail. The said petition was withdrawn vide order dated 16.07.2026 with liberty to file a fresh petition withdrawn vide order dated 16.07.2026 with liberty to file a fresh petition withdrawn vide order dated 16.07.2026 with liberty to file a fresh petition withdrawn vide order dated 16.07.2026 with liberty to file a fresh petition after disclosing his complete antecedents. While granting such liberty, this after disclosing his complete antecedents. While granting such liberty, this after disclosing his complete antecedents. While granting such liberty, this after disclosing his complete antecedents. While granting such liberty, this Court specifically directed the petitioner to deposit costs of Rs.5,000/- with Court specifically directed the petitioner to deposit costs of Rs.5,000/ Court specifically directed the petitioner to deposit costs of Rs.5,000/ the High Court Lawyers Welfare Fund. The relevant part of said order the High Co The relevant part of said order reads - as under:- CRM-M- -39749-2026 2 “2. Learned counsel for the petitioner seeks to withdraw the petition Learned counsel for the petitioner seeks to withdraw the petition Learned counsel for the petitioner seeks to withdraw the petition in hand with liberty to file afresh on the same cause of action after in hand with liberty to file afresh on the same cause of action after in hand with liberty to file afresh on the same cause of action after disclosing complete antecedents of the petitioner. disclosing complete antecedents of the p

#3. Ordered accordingly, subject to deposit a sum of ₹5,000/- as costs as costs Ordered accordingly, subject to deposit a sum of with the High Court Lawyers Welfare Fund, Bank details whereof reads with the High Court Lawyers Welfare Fund, Bank details whereof thus: Account No.65018692589 Account No.65018692589 IFSC Code: SBIN0050306; IFSC Code: SBIN0050306; Branch Code: 50306 a, High Court Branch, Chandigarh Bank: State Bank of India, High Court Branch, Chandigarh

#4. Pending application(s), if any, shall also stand disposed of” Pending application(s), if any, shall also stand disposed of” Thereafter, the present petition i.e. the second petition for grant Thereafter, the present petition i.e. the second petition for grant Thereafter, the present petition i.e. the second petition for grant arrest bail has been preferred by the petitioner on of anticipatory/pre-arrest bail has been preferred by the petitioner on arrest bail has been preferred by the petitioner on of anticipatory/pre

18.07.2026. 18.07.2026

#2. the basis The gravamen of the FIR in question reflects that on the basis The gravamen of the FIR in question reflects that on Lucky of secret information, a police party apprehended co-accused namely Lucky of secret information, a police party apprehended co of secret information, a police party apprehended co Yadav near Hafed Godowns, on the road leading to Yadav near Hafed Godowns, Raj Nagar, Tohana. on the road leading to Raj Nagar, Tohana. After compliance of the statutory provisions of the NDPS Act, a search was After compliance of the statutory provisions of the NDPS Act, a search was After compliance of the statutory provisions of the NDPS Act, a search was After compliance of the statutory provisions of the NDPS Act, a search was conducted and 52.92 grams of heroin was allegedly recovered from his conducted and 52.92 grams of heroin was allegedly recovered from his conducted and 52.92 grams of heroin was allegedly recovered from his conducted and 52.92 grams of heroin was allegedly recovered from his possession. During the course of investigation, co possession. During Lucky investigation, co-accused namely Lucky losure statement alleging Yadav suffered a disclosure statement alleging losure statement alleging Yadav suffered a disc the recovered the recovered the recovered contraband had been supplied to him by the present petitioner for sale on contraband had been supplied to him by the present petitioner for sale on contraband had been supplied to him by the present petitioner for sale on contraband had been supplied to him by the present petitioner for sale on commission basis. commission basis.

#3. Learned counsel for the petitioner has iterated that the Learned counsel for the petitioner has iterated that the Learned counsel for the petitioner has iterated that the petitioner is innocent and has been falsely implicated in petitioner to the FIR in has been falsely implicated into the FIR in name of the question. Learned counsel has further iterated that the name of the question. Learned counsel has further iterated that the question. Learned counsel has further iterated that the petitioner does not figure either in the FIR or in the secret information petitioner does not figure either in the FIR or in the secret information petitioner does not figure either in the FIR or in the secret information petitioner does not figure either in the FIR or in the secret information The entire case against the petitioner is based received by the police. The entire case against the petitioner is based The entire case against the petitioner is based received by the police. merely on the disclosure statement of the co merely on the disclosure s accused which is inadmissible tatement of the co-accused which is inadmissible in the eyes of law and cannot form the sole basis for his implication. in the eyes of law and cannot form the sole basis for his implication. in the eyes of law and cannot form the sole basis for his implication. in the eyes of law and cannot form the sole basis for his implication. CRM-M- -39749-2026 3 According to learned counsel, a bare reading of the FIR shows that the According to learned counsel, a bare reading of the FIR shows that the According to learned counsel, a bare reading of the FIR shows that the According to learned counsel, a bare reading of the FIR shows that the . The petitioner has no connection whatsoever with the alleged offence. The petitioner has no connection whatsoever with the alleged offence petitioner has no connection whatsoever with the alleged offence name of the petitioner was subsequently introduced only to harass and name of the petitioner was subsequently introduced only to harass and name of the petitioner was subsequently introduced only to harass and name of the petitioner was subsequently introduced only to harass and falsely implicate him without any cogent or material evidence. Learned falsely implicate him without any cogent or material evidence. Learned falsely implicate him without any cogent or material evidence. Learned falsely implicate him without any cogent or material evidence. Learned that no contraband has been recovered from the counsel has emphasized that that no contraband has been recovered from the that no contraband has been recovered from the counsel has emphasized that endent material available on record to petitioner and there is no independent material available on record to endent material available on record to petitioner and there is no indep It has been further contended that the connect him with the alleged offence. It has been further contended that the It has been further contended that the connect him with the alleged offence. earlier anticipatory bail petition was withdrawn with liberty to file a fresh earlier anticipatory bail petition was withdrawn with liberty to file a fresh earlier anticipatory bail petition was withdrawn with liberty to file a fresh earlier anticipatory bail petition was withdrawn with liberty to file a fresh itioner. petition after disclosing the complete antecedents of the petitioner. petition after disclosing the complete antecedents of the pet petition after disclosing the complete antecedents of the pet According to learned counsel, the petitioner has now disclosed his ording to learned counsel, the petitioner has now disclosed his petitioner has now disclosed his antecedents in the present petition and, therefore, deserves consideration on antecedents in the present petition and, therefore, deserves consideration on antecedents in the present petition and, therefore, deserves consideration on antecedents in the present petition and, therefore, deserves consideration on It has been further argued that there is no need for custodial merits. It has been further argued that there is no need for custodial It has been further argued that there is no need for custodial It has been further argued that there is no need for custodial interrogation of the petitioner as no incriminating interrogation of the petitioner remains to be incriminating material remains to be Learned counsel asserts that the petitioner has no recovered from him. Learned counsel asserts that the petitioner has no Learned counsel asserts that the petitioner has no recovered from him. intention of evading the process of law and undertakes to cooperate fully intention of evading the process of law and undertakes to cooperate fully intention of evading the process of law and undertakes to cooperate fully intention of evading the process of law and undertakes to cooperate fully tioner is with the investigation. Learned counsel has contended that the petitioner is with the investigation. Learned counsel has contended that the with the investigation. Learned counsel has contended that the ready to join the investigation and hence ready to join the investigation no useful purpose would be served no useful purpose would be served him behind the bars. On the basis of the aforementioned by sending him behind the bars. On the basis of the aforementioned him behind the bars. On the basis of the aforementioned by sending submissions, the grant of anticipatory bail submissions, the grant of anticipatory bail is entreated for.

#4. Per contra, learned State counsel ha s opposed the grant of , learned State counsel has opposed the grant of anticipatory bail to the petitioner by arguing that the present case involves anticipatory bail to the petitioner by arguing that the present case involves anticipatory bail to the petitioner by arguing that the present case involves anticipatory bail to the petitioner by arguing that the present case involves recovery of 52 grams 92 milligrams of Heroin recovery of . Learned State counsel has 52 grams 92 milligrams of Heroin. Learned State counsel has further iterated that during the course of investigation, the name of the further iterated that during the course of investigation, the name of the further iterated that during the course of investigation, the name of the further iterated that during the course of investigation, the name of the r surfaced on the basis of disclosure statement of co-accused r surfaced on the basis of disclosure statement of co petitioner surfaced on the basis of disclosure statement of co accused. Furthermore, the investigation has revealed the involvement of the Furthermore, the investigation has revealed the involvement of the Furthermore, the investigation has revealed the involvement of the Furthermore, the investigation has revealed the involvement of the accused and his custodial petitioner in the supply of contraband to the co-accused and his custodial petitioner in the supply of contraband to the co petitioner in the supply of contraband to the co CRM-M- -39749-2026 4 of the narcotic substance, interrogation is necessary for tracing the source of the narcotic substance, interrogation is necessary for tracing the source interrogation is necessary for tracing the source unearthing the entire chain of supply and identifying other persons involved unearthing the entire chain of supply and identifying other persons involved unearthing the entire chain of supply and identifying other persons involved unearthing the entire chain of supply and identifying other persons involved in the illegal drug trade. Furthermore, granting bail to the petitioner at this granting bail to the petitioner at this granting bail to the petitioner at this in the illegal drug trade. stage may seriously hamper the ongoing investigation. Given the gravity stage may seriously hamper the ongoing investigation stage may seriously hamper the ongoing investigation Given the gravity of the offence, the larger public interest involved in curbing the menace of the offence, the larger public interest involved in curbing the menace of the offence, the larger public interest involved in curbing the menace of the offence, the larger public interest involved in curbing the menace of drug trafficking and the potential threat to the fair conduct of the trial, it is drug trafficking and the potential threat to the fair conduct of the trial, it is drug trafficking and the potential threat to the fair conduct of the trial, it is drug trafficking and the potential threat to the fair conduct of the trial, it is most respectfully submitted that the petitioner does not deserve the most respectfully submitted that the petitioner does not deserve the most respectfully submitted that the petitioner does not deserve the most respectfully submitted that the petitioner does not deserve the . Accordingly, the dismissal of the petition in concession of anticipatory bail. Accordingly, the dismissal of the petition in . Accordingly, the dismissal of the petition in concession of anticipatory hand is prayed for. hand is prayed for.

#5. and have I have heard the learned counsel for the rival parties and have I have heard the learned counsel for the gone through the available record of the case. gone through the available record of the case. gone through the available record of the case.

#6. he first petition (for grant of anticipatory bail) he first petition (for grant of anticipatory bail Indubitably, the first petition (for grant of anticipatory bail Court on preferred by the petitioner was dismissed as withdrawn by this Court on preferred by the petitioner was dismissed preferred by the petitioner was dismissed with specific liberty to file a fresh petition only after disclosing 16.07.2026 with specific liberty to file a fresh petition only after disclosing with specific liberty to file a fresh petition only after disclosing 16.07.2026 the complete antecedents. complete antecedents. The allegations relate he allegations raised against the petitioner relate As per the prosecution to supply of narcotic substances to the co-accused. As per the prosecution to supply of narcotic substances to the co to supply of narcotic substances to the co case, though though the petitioner was not named in the FIR his name surfaced the petitioner was not named in the FIR but his name surfaced investigation on the basis of the disclosure statement during the course of investigation on the basis of the disclosure statement investigation on the basis of the disclosure statement during the ky Yadav. The specific allegation against made by co-accused namely Lucky Yadav. The specific allegation against ky Yadav. The specific allegation against made by co supplied the heroin recovered from the co- the petitioner is that he has supplied the heroin recovered from the co supplied the heroin recovered from the co the petitioner is that he ha The petitioner has been accused for further sale on commission basis. The petitioner has been accused for further sale on commission basis. accused for further sale on commission basis. implicated for the commission of offence(s) punishable under Section 27-A implicated for the commission of offence(s) punishable under Section 27 implicated for the commission of offence(s) punishable under Section 27 implicated for the commission of offence(s) punishable under Section 27 of the NDPS Act with specific allegations of facilitating the financing as of the NDPS Act with specific allegations of facilitating the financing as of the NDPS Act with specific allegations of facilitating the financing as of the NDPS Act with specific allegations of facilitating the financing as The investigation so far well as illicit trafficking of contraband substances. The investigation so far well as illicit trafficking of contraband substances. well as illicit trafficking of contraband substances. organized network, indicates the involvement of the petitioner in a well-organized network, indicates the involvement of the petitioner in a well indicates the involvement of the petitioner in a well ribution of psychotropic substances. The stand of engaged in the illegal distribution of psychotropic substances. The stand of ribution of psychotropic substances. The stand of engaged in the illegal dist CRM-M- -39749-2026 5 the investigating agency before this Court is that the custodial interrogation the investigating agency before this Court is that the custodial interrogation the investigating agency before this Court is that the custodial interrogation the investigating agency before this Court is that the custodial interrogation of the petitioner is necessary to unravel the larger conspiracy and identify of the petitioner is necessary to unravel the larger conspiracy and identify of the petitioner is necessary to unravel the larger conspiracy and identify of the petitioner is necessary to unravel the larger conspiracy and identify other potential co-conspirators. other potential co

#7. The nature of the allegations, coupled with the possibility of The nature of the allegations, coupled with the possibility of The nature of the allegations, coupled with the possibility of the petitioner being part of a larger nexus engaged in the unlawful trade of the petitioner being part of a larger nexus engaged in the unlawful trade of the petitioner being part of a larger nexus engaged in the unlawful trade of the petitioner being part of a larger nexus engaged in the unlawful trade of narcotic substances, raises serious concerns that cannot be brushed aside at narcotic substances, raises serious concerns that cannot be brushed aside at narcotic substances, raises serious concerns that cannot be brushed aside at narcotic substances, raises serious concerns that cannot be brushed aside at . Given the seriousness of the offence, this nascent stage of the investigation. Given the seriousness of the offence, . Given the seriousness of the offence, this nascent stage of the investigation the stage of investigation and the overarching public interest in deterring the the stage of investigation and the overarching public interest in deterring the the stage of investigation and the overarching public interest in deterring the the stage of investigation and the overarching public interest in deterring the menace of narcotic drug trafficking, this Court is of the view that the menace of narcotic drug trafficking, this Court is of the view that the menace of narcotic drug trafficking, this Court is of the view that the menace of narcotic drug trafficking, this Court is of the view that the this juncture. petitioner does not merit the concession of anticipatory bail at this juncture. petitioner does not merit the concession of anticipatory bail at petitioner does not merit the concession of anticipatory bail at It is befitting to mention here that while considering a plea for grant of It is befitting to mention here that while considering a plea for grant of It is befitting to mention here that while considering a plea for grant of It is befitting to mention here that while considering a plea for grant of anticipatory bail, the Court has to equilibrate between safeguarding anticipatory bail, the Court has to equilibrate between safeguarding anticipatory bail, the Court has to equilibrate between safeguarding anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interest(s). The Court ought to individual rights and protecting societal interest(s). The Court ought to individual rights and protecting societal interest(s). The Court ought to individual rights and protecting societal interest(s). The Court ought to tude and nature of the offence; the role attributed to reckon with the magnitude and nature of the offence; the role attributed to tude and nature of the offence; the role attributed to reckon with the magni r reaching the accused; the need for fair and free investigation as also far reaching the accused; the need for fair and free investigation as also f the accused; the need for fair and free investigation as also f impact of such alleged iniquities on society. A profitable reference in this impact of such alleged iniquities on society. A profitable reference in this impact of such alleged iniquities on society. A profitable reference in this impact of such alleged iniquities on society. A profitable reference in this on’ble Supreme Court regard is being made to the dicta passed by the Hon’ble Supreme Court regard is being made to the dicta passed by the H regard is being made to the dicta passed by the H titled as State