Haryana v. MANDEEP PANNU

Mr. R.N.Lohan, Advocate for the petitioner. Present: Mr. R.N.Lohan, Advocate for the petitioner. Mr. R.N.Lohan, Advocate for the petitioner. Mr. Sushil Bhardwaj, Addl. A.G Haryana. Mr. Sushil Bhardwaj, Addl. A.G Haryana. Mr. Sushil Bhardwaj, Addl. A.G 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. 74 74 dated 18.03.2025, registered under Sections of NDPS , registered under Sections 20-C and 29 of NDPS Act at Police Station at Police Station Uchana, District Jind.

2. As per the prosecution case, on 18.03.2025, a police party headed by As per the prosecution case, on 18.03.2025, a police party headed by As per the prosecution case, on 18.03.2025, a police party headed by As per the prosecution case, on 18.03.2025, a police party headed by ASI Manoj Kumar, while present on Uchana Kalan to Bhongra Road near Rajabha ASI Manoj Kumar, while present on Uchana Kalan to Bhongra Road near Rajabha ASI Manoj Kumar, while present on Uchana Kalan to Bhongra Road near Rajabha ASI Manoj Kumar, while present on Uchana Kalan to Bhongra Road near Rajabha Bridge within the jurisdiction of Police Station Uchana, received secret Bridge within the jurisdiction of Police Station Uchana, received secret Bridge within the jurisdiction of Police Station Uchana, received secret Bridge within the jurisdiction of Police Station Uchana, received secret ent of certain persons carrying contraband. information regarding the movement of certain persons carrying contraband. ent of certain persons carrying contraband. information regarding the movem accused Raman alias Acting upon the said information, the police apprehended co-accused Raman alias Acting upon the said information, the police apprehended co Acting upon the said information, the police apprehended co Chhota and Sumit alias Koki, who were travelling on a motorcycle bearing Chhota and Sumit alias Koki, who were travelling on a motorcycle bearing Chhota and Sumit alias Koki, who were travelling on a motorcycle bearing Chhota and Sumit alias Koki, who were travelling on a motorcycle bearing registration No. HR-32C-7380. During checking, a black colo registration No. HR ured polythene bag 7380. During checking, a black coloured polythene bag allegedly containing Charas (Sulfa) weighing 1 kilogram and 22 grams was allegedly containing Charas (Sulfa) weighing 1 kilogram and 22 grams was allegedly containing Charas (Sulfa) weighing 1 kilogram and 22 grams was allegedly containing Charas (Sulfa) weighing 1 kilogram and 22 grams was recovered from their possession, which they were allegedly carrying without any recovered from their possession, which they were allegedly carrying without any recovered from their possession, which they were allegedly carrying without any recovered from their possession, which they were allegedly carrying without any permit or licence. After completing the requisite formalities and complying with permit or licence. After completing the requisite formalities and complying with permit or licence. After completing the requisite formalities and complying with permit or licence. After completing the requisite formalities and complying with provisions of the NDPS Act, the said accused persons were arrested. the provisions of the NDPS Act, the said accused persons were arrested. provisions of the NDPS Act, the said accused persons were arrested. TRIPTI SAINI 2026.03.09 16:45 I attest to the accuracy and integrity of this document CRM-M-54636- -2025 (O&M) -2-

3. accused suffered disclosure During investigation, the aforesaid co-accused suffered disclosure During investigation, the aforesaid co During investigation, the aforesaid co statements to the effect that the recovered contraband had been purchased from co- statements to the effect that the recovered contraband had been purchased from co statements to the effect that the recovered contraband had been purchased from co statements to the effect that the recovered contraband had been purchased from co Jaswant was arrested on 26.05.2025 and he in turn accused Jaswant. Thereafter, Jaswant was arrested on 26.05.2025 and he in turn Jaswant was arrested on 26.05.2025 and he in turn accused Jaswant. Thereafter, suffered a disclosure statement alleging that he had procured the contraband from suffered a disclosure statement alleging that he had procured the contraband from suffered a disclosure statement alleging that he had procured the contraband from suffered a disclosure statement alleging that he had procured the contraband from the present petitioner, namely Jairam alias Sonu. On the basis of the said disclosure the present petitioner, namely Jairam alias Sonu. On the basis of the said disclosure the present petitioner, namely Jairam alias Sonu. On the basis of the said disclosure the present petitioner, namely Jairam alias Sonu. On the basis of the said disclosure arrested on 05.06.2025. It is further the case statement, the present petitioner was arrested on 05.06.2025. It is further the case arrested on 05.06.2025. It is further the case statement, the present petitioner was of the prosecution that an amount of ₹3,000/- of the prosecution that an amount of was recovered from the petitioner was recovered from the petitioner during investigation. After completion of the investigation, the final report under during investigation. After completion of the investigation, the final report under during investigation. After completion of the investigation, the final report under during investigation. After completion of the investigation, the final report under the competent Court. Section 173 Cr.P.C. has been presented before the competent Court. Section 173 Cr.P.C. has been presented before

4. Learned counsel for the petitioner contends that the petitioner has Learned counsel for the petitioner contends that the petitioner has Learned counsel for the petitioner contends that the petitioner has Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner has accused been nominated solely on the basis of the disclosure statement of co-accused been nominated solely on the basis of the disclosure statement of co been nominated solely on the basis of the disclosure statement of co Jaswant, who himself was implicated on the basis of the disclosure statements of Jaswant, who himself was implicated on the basis of the disclosure statements of Jaswant, who himself was implicated on the basis of the disclosure statements of Jaswant, who himself was implicated on the basis of the disclosure statements of accused Raman alias Chhota and Sumit alias Koki. Learned counsel further co-accused Raman alias Chhota and Sumit alias Koki. Learned counsel further accused Raman alias Chhota and Sumit alias Koki. Learned counsel further accused Raman alias Chhota and Sumit alias Koki. Learned counsel further submits that no recovery of contraband has been effected from the conscious submits that no recovery of contraband has been effected from the conscious submits that no recovery of contraband has been effected from the conscious submits that no recovery of contraband has been effected from the conscious possession of the petitioner and the only recovery attributed to him is possession of the petit ioner and the only recovery attributed to him is ₹3,000/ ₹3,000/-, which by itself cannot connect him with the alleged contraband. It is argued that which by itself cannot connect him with the alleged contraband. It is argued that which by itself cannot connect him with the alleged contraband. It is argued that which by itself cannot connect him with the alleged contraband. It is argued that accused is limited and the the evidentiary value of disclosure statements of co-accused is limited and the the evidentiary value of disclosure statements of co the evidentiary value of disclosure statements of co of bail. Learned counsel further submits that the petitioner deserves the concession of bail. Learned counsel further submits that the of bail. Learned counsel further submits that the petitioner deserves the concession petitioner is in custody since 05.06.2025 and the trial is likely to take time to petitioner is in custody since 05.06.2025 and the trial is likely to take time to petitioner is in custody since 05.06.2025 and the trial is likely to take time to petitioner is in custody since 05.06.2025 and the trial is likely to take time to conclude.

5. Per contra, learned State counsel has opposed the prayer for bail and Per contra, learned State counsel has opposed the prayer for bail and Per contra, learned State counsel has opposed the prayer for bail and Per contra, learned State counsel has opposed the prayer for bail and in another case as well. It is further submits that the petitioner is involved in another case as well. It is further in another case as well. It is further submits that the petitioner is involved submitted that the petitioner was nominated during investigation on the basis of submitted that the petitioner was nominated during investigation on the basis of submitted that the petitioner was nominated during investigation on the basis of submitted that the petitioner was nominated during investigation on the basis of disclosure statement of co-accused Jaswant and an amount of disclosure statement of co was also accused Jaswant and an amount of ₹3,000/- was also TRIPTI SAINI 2026.03.09 16:45 I attest to the accuracy and integrity of this document CRM-M-54636- -2025 (O&M) -3- t dispute the fact that recovered from him. However, learned State counsel does not dispute the fact that recovered from him. However, learned State counsel does no recovered from him. However, learned State counsel does no no recovery of contraband has been effected from the petitioner. no recovery of contraband has been effected from the petitioner. no recovery of contraband has been effected from the petitioner.

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

7. evident Without expressing any opinion on the merits of the case, it is evident Without expressing any opinion on the merits of the case, it is Without expressing any opinion on the merits of the case, it is that the present petitioner has been nominated in the present case on the basis of that the present petitioner has been nominated in the present case on the basis of that the present petitioner has been nominated in the present case on the basis of that the present petitioner has been nominated in the present case on the basis of accused Jaswant, who himself was nominated on the the disclosure statement of co-accused Jaswant, who himself was nominated on the accused Jaswant, who himself was nominated on the the disclosure statement of co accused Raman alias Chhota and Sumit alias basis of disclosure statements of co-accused Raman alias Chhota and Sumit alias accused Raman alias Chhota and Sumit alias basis of disclosure statements of co i, from whose possession the alleged recovery of Charas (Sulfa) weighing 1 Koki, from whose possession the alleged recovery of Charas (Sulfa) weighing 1 i, from whose possession the alleged recovery of Charas (Sulfa) weighing 1 i, from whose possession the alleged recovery of Charas (Sulfa) weighing 1 kilogram and 22 grams was effected. Admittedly, no contraband has been kilogram and 22 grams was effected. Admittedly, no contraband has been kilogram and 22 grams was effected. Admittedly, no contraband has been kilogram and 22 grams was effected. Admittedly, no contraband has been recovered from the possession of the present petitioner and the only recovery recovered from the possession of the present petitioner and the only recovery recovered from the possession of the present petitioner and the only recovery recovered from the possession of the present petitioner and the only recovery he petitioner has been in custody since 05.06.2025 attributed to him is ₹3,000/-. The petitioner has been in custody since 05.06.2025 he petitioner has been in custody since 05.06.2025 attributed to him is and the trial is likely to take time to conclude. and the trial is likely to take time to conclude.

8. accused, in the The evidentiary value of a disclosure statement of a co-accused, in the The evidentiary value of a disclosure statement of a co The evidentiary value of a disclosure statement of a co absence of recovery or corroboration is weak in view of the settled position of law absence of recovery or corroboration is weak in view of the settled position of absence of recovery or corroboration is weak in view of the settled position of Vijay Singh vs. The State of laid down by the Hon'ble Supreme Court in ‘Vijay Singh vs. The State of laid down by the Hon'ble Supreme Court in ‘ laid down by the Hon'ble Supreme Court in ‘ Haryana’, bearing Special Leave to Appeal (Crl.) No.(s) 1266/2023 decided on Haryana’, bearing Special Leave to Appeal (Crl.) No.(s) 1266/2023 decided on Haryana’, bearing Special Leave to Appeal (Crl.) No.(s) 1266/2023 decided on Haryana’, bearing Special Leave to Appeal (Crl.) No.(s) 1266/2023 decided on has held as under: 17.05.2023' has held as under: The petitioner is alleged to have committed offences under Sections "The petitioner is alleged to have committed offences under Sections The petitioner is alleged to have committed offences under Sections The petitioner is alleged to have committed offences under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, and 29 of the Narcotic Drugs and Psychotropic Substances Act, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the NDPS Act)". His application for 1985 (hereinafter called the NDPS Act)". His application for 1985 (hereinafter called the NDPS Act)". His application for 1985 (hereinafter called the NDPS Act)". His application for anticipatory bail was rejected by the High Court. anticipatory bail was rejected by the High Court. anticipatory bail was rejected by the High Court. The allegations in the FIR are that 1.7 Kg of Poppy Straw (Doda The allegations in the FIR are that 1.7 Kg of Poppy Straw (Doda The allegations in the FIR are that 1.7 Kg of Poppy Straw (Doda The allegations in the FIR are that 1.7 Kg of Poppy Straw (Doda accused. The petitioner concededly Post) was recovered from the co-accused. The petitioner concededly accused. The petitioner concededly Post) was recovere accused. That was not present at the spot but was named by the co-accused. That was not present at the spot but was named by the co was not present at the spot but was named by the co apart there is no other material to implicate the petitioner. The apart there is no other material to implicate the petitioner. The apart there is no other material to implicate the petitioner. The apart there is no other material to implicate the petitioner. The prosecution urges that another case with allegations of commission of prosecution urges that another case with allegations of commission of prosecution urges that another case with allegations of commission of prosecution urges that another case with allegations of commission of TRIPTI SAINI 2026.03.09 16:45 I attest to the accuracy and integrity of this document CRM-M-54636- -2025 (O&M) -4- ce under the NDPS Act are pending against the petitioner. It is offence under the NDPS Act are pending against the petitioner. It is ce under the NDPS Act are pending against the petitioner. It is not denied that in those proceedings he was granted bail. Having not denied that in those proceedings he was granted bail. Having not denied that in those proceedings he was granted bail. Having not denied that in those proceedings he was granted bail. Having regard to these circumstances, the petitioner is directed to the regard to these circumstances, the petitioner is directed to the regard to these circumstances, the petitioner is directed to the regard to these circumstances, the petitioner is directed to the tions as enlarged on anticipatory bail, subject to such terms and conditions as enlarged on anticipatory bail, subject to such terms and condi enlarged on anticipatory bail, subject to such terms and condi the trial Court may impose. The petition is allowed.” the trial Court may impose. The petition is allowed.” the trial Court may impose. The petition is allowed.”

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