Haryana v. MANDEEP PANNU

Mr. Sushil Bhardwaj, Addl. A.G Haryana with Mr. Sushil Bhardwaj, Addl. A.G Haryana with Mr. Sushil Bhardwaj, Addl. A.G Haryana with Ms. Jasmine Gill, AAG Haryana. Ms. Jasmine Gill, AAG Haryana. -.- MANDEEP PANNU J. (Oral) MANDEEP PANNU J.

1. petition under Section 483 of the Bharatiya Nagrik This is the second petition under Section 483 of the Bharatiya Nagrik petition under Section 483 of the Bharatiya Nagrik This is the Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No. Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No. Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No. Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No. 0054 dated 25.01.2025

25.01.2025, registered under Section Narcotic Drugs and , registered under Section 22 (c) of Narcotic Drugs and (Section 29 of NDPS Act added later on), Psychotropic Substances Act, 1985 (Section 29 of NDPS Act added later on) (Section 29 of NDPS Act added later on) Psychotropic Substances Ac Krishna Gate Thanesar, District Kurukshetra. registered at Police Station Krishna Gate Thanesar, District Kurukshetra registered at Police Station

2. , on the The case of the prosecution, in brief, is that on 24.01.2025, on the The case of the prosecution, in brief, is that on The case of the prosecution, in brief, is that on Satbir Singh basis of a secret information, the police party apprehended co-accused Satbir Singh basis of a secret information, the police party apprehended co basis of a secret information, the police party apprehended co 07AA- , who were travelling in a car bearing registration No. HR-07AA , who were travelling in a car bearing registration No. HR and Kapil Dev, who were travelling in a car bearing registration No. HR

0185. The vehicle was allegedly being driven by Satbir Singh and Kapil Dev was 0185. The vehicle was allegedly being driven by Satbir Singh and Kapil Dev was 0185. The vehicle was allegedly being driven by Satbir Singh and Kapil Dev was 0185. The vehicle was allegedly being driven by Satbir Singh and Kapil Dev was sitting along with him. along with him. On search of the vehicle, 2160 capsules of AKS Primevon On search of the vehicle, 2160 capsules of AKS Primevon (90 strips containing 24 capsules each), weighing (90 strips containing 24 capsules each) Kg. 300 grams and 32 , weighing 1 Kg. 300 grams and 32 , milligrams, allegedly allegedly Dicyclomine Hydrochloride, Tramadol containing Dicyclomine Hydrochloride, Tramadol Dicyclomine Hydrochloride, Tramadol containing , which is a psychotropic substance listed at Hydrochloride and Acetaminophen salt, which is a psychotropic substance listed at , which is a psychotropic substance listed at Hydrochloride and Acetaminophen salt The Sr. No. 238 ZH of the Schedule attached with the NDPS Act, were recovered. The Sr. No. 238 ZH of the Schedule attached with the NDPS Act Sr. No. 238 ZH of the Schedule attached with the NDPS Act present petitioner was not apprehended at the spot present petitioner was , and his name surfaced only not apprehended at the spot, and his name surfaced only TRIPTI SAINI 2026.03.08 13:32 I attest to the accuracy and integrity of this document CRM-M-65284- -2025 (O&M) -2- during the disclosure statement of co disclosure statement of co-accused Satbir , after accused Satbir Singh and Kapil Dev, after which he was nominated as an accused in the present case. Thereafter, the present which he was nominated as an accused in the present case. Thereafter, the present which he was nominated as an accused in the present case. Thereafter, the present which he was nominated as an accused in the present case. Thereafter, the present FIR was registered after allegedly complying with the necessary provisions of the FIR was registered after allegedly complying with the necessary provisions of the FIR was registered after allegedly complying with the necessary provisions of the FIR was registered after allegedly complying with the necessary provisions of the NDPS Act.

3. e petitioner has been Learned counsel for the petitioner submits that the petitioner has been Learned counsel for the petitioner submits that th Learned counsel for the petitioner submits that th It is contended that the petitioner was not It is contended that the petitioner was falsely implicated in the present case. It is contended that the petitioner was falsely implicated named in the FIR and was not present at the spot named in the FIR at the time of the alleged not present at the spot at the time of the alleged capsules recovery. As per the prosecution case itself, the alleged recovery of 2160 capsules recovery. As per the prosecution case itself, the alleged recovery of recovery. As per the prosecution case itself, the alleged recovery of of Tramadol was effected from the car of co was effected from the car of co-accused Satbir Singh and Kapil Dev, accused Satbir Singh and Kapil Dev Learned counsel further submits that the who were apprehended on the spot. Learned counsel further submits that the Learned counsel further submits that the who were apprehended on the spot. only on the basis of disclosure statements of the co- petitioner has been nominated only on the basis of disclosure statements of the co only on the basis of disclosure statements of the co petitioner has been nominated which by themselves do not constitute substantive evidence in law. Apart accused, which by themselves do not constitute substantive evidence in law. Apart which by themselves do not constitute substantive evidence in law. Apart which by themselves do not constitute substantive evidence in law. Apart from the said disclosure statements, there is no independent material from the said disclosure statements, there is available on no independent material available on It is further submitted that record to connect the petitioner with the alleged offence. It is further submitted that record to connect the petitioner with the alleged offence. record to connect the petitioner with the alleged offence. the petitioner is in ner is in custody since 01.02.2025, the investigation stands completed, , the investigation stands completed and the challan has already been presented before the learned trial Court. The trial challan has already been presented before the learned trial Court. The trial before the learned trial Court. The trial of the case is likely to take considerable time. of the case is likely to take Learned counsel also submits that Learned counsel also submits that co-accused Sumit has already been granted the concession of regular bail by a co- accused Sumit has already been granted the concession of regular bail by a co has already been granted the concession of regular bail by a co accused Arjun Bhola has been granted ordinate Bench of this Court, whereas co-accused Arjun Bhola has been granted accused Arjun Bhola has been granted ordinate Bench of this Court anticipatory bail, and therefore the petitioner is also entitled to bail on the anticipatory bail principle , and therefore the petitioner is also entitled to bail on the principle of parity. It is also a first bail petition bearing CRM- It is also argued that although the first bail petition bearing CRM -M- 23082-2025 was dismissed on , the petitioner has remained in custody 2025 was dismissed on 25.09.2025, the petitioner has remained in custody , the petitioner has remained in custody for a substantial period thereafter substantial period thereafter, which constitutes a change in circumstance , which constitutes a change in circumstance second bail petition. warranting consideration of the present second bail petition. warranting consideration of the present TRIPTI SAINI 2026.03.08 13:32 I attest to the accuracy and integrity of this document CRM-M-65284- -2025 (O&M) -3-

4. Per contra, learned State counsel has filed the Per contra, custody certificate, learned State counsel has filed the custody certificate Learned State counsel opposes the prayer for grant of which is taken on record. Learned State counsel opposes the prayer for grant of Learned State counsel opposes the prayer for grant of which is taken on record. bail and submits that the allegations against the petitioner are serious in nature bail and submits that the allegations against the petitioner are bail and submits that the allegations against the petitioner are , as they relate to offences under the NDPS Act they relate to offences under the It is further submitted that the NDPS Act. It is further submitted that the basis of disclosure statements petitioner has been nominated as an accused on the basis of disclosure statements petitioner has been nominated as an accused on the petitioner has been nominated as an accused on the of the co-accused , and as per the investigation conducted by the police, the accused, and as per the investigation conducted by the police, the , and as per the investigation conducted by the police, the petitioner is alleged to be a r is alleged to be a buyer of the contraband substance However, learned of the contraband substance. However, learned not apprehended at the spot State counsel does not dispute that the petitioner was not apprehended at the spot State counsel does not dispute that the petitioner was State counsel does not dispute that the petitioner was and that his name surfaced during the disclosure statement of the co and that his name surfaced during the . It is disclosure statement of the co-accused. It is also not disputed that the petitioner has been in custody since also not disputed that the petitioner has been Learned in custody since 01.02.2025. Learned investigation in the present case stands State counsel further submits that the investigation in the present case stands investigation in the present case stands State counsel further submits that the completed and the and the challan has already been presented before the learned trial challan has already been presented before the learned trial Court.

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

6. petitioner was not named in the FIR and was It is not disputed that the petitioner was not named in the FIR and was petitioner was not named in the FIR and was It is not disputed that the . The recovery of the not present at the spot at the time of the alleged recovery. The recovery of the not present at the spot at the time of the alleged recovery not present at the spot at the time of the alleged recovery Satbir Singh and contraband was allegedly effected from the vehicle of co-accused Satbir Singh and contraband was allegedly effected from the vehicle of co contraband was allegedly effected from the vehicle of co name of the petitioner , who were apprehended by the police party. The name of the petitioner , who were apprehended by the police party. Kapil Dev, who were apprehended by the police party. s stage, there surfaced only in the disclosure statements of the co-accused, and at this stage, there surfaced only in the disclosure statements of the co surfaced only in the disclosure statements of the co no other independent material on record connecting the petitioner appears to be no other independent material on record connecting the petitioner no other independent material on record connecting the petitioner no other independent material on record connecting the petitioner with the alleged recovery. The petitioner has been with the alleged recovery , and The petitioner has been in custody since 01.02.2025, and already investigation in the present case stands completed. The challan has already investigation in the present case stands completed the investigation in the present case stands completed , and the conclusion of the trial is been presented before the learned trial Court, and the conclusion of the trial is , and the conclusion of the trial is been presented before the learned trial Court likely to take considerable time considerable time. TRIPTI SAINI 2026.03.08 13:32 I attest to the accuracy and integrity of this document CRM-M-65284- -2025 (O&M) -4-

7. first bail petition of the petitioner was Though it is true that the first bail petition of the petitioner was first bail petition of the petitioner was Though it is true that the dismissed by this Court on 25.09.2025, however, the petitio dismissed by this Court on 2 ner has remained in , however, the petitioner has remained in custody for a substantial period thereafter substantial period thereafter, which constitutes a material change in , which constitutes a material change in circumstances.

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 settled position of law 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 absence of recovery or corroboration is weak in view of the laid down by the Hon'ble Supreme Court in ‘ laid down by t Vijay Singh vs. The State of he Hon'ble Supreme Court in ‘Vijay Singh vs. The State of 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: offences under Sections The petitioner is alleged to have committed offences under Sections "The petitioner is alleged to have committed The petitioner is alleged to have committed 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, (hereinafter called the NDPS Act)". His application for 1985 (hereinafter called the NDPS Act)". His application for (hereinafter called the NDPS Act)". His application for 1985 was rejected by the High Court. anticipatory bail was rejected by the High Court. anticipatory bail w (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 Stra The allegations in the FIR are that 1.7 Kg of Poppy Stra accused. The petitioner concededly Post) was recovered from the co-accused. The petitioner concededly accused. The petitioner concededly Post) was not present at the spot but was named by the co was not accused. That present at the spot but was named by the co-accused. That no other material to implicate the petitioner. The apart there is no other material to implicate the petitioner. The no other material to implicate the petitioner. The apart there is prosecution urges that another case with prosecution urges that allegations of commission of another case with allegations of commission of Act are pending against the petitioner. It is offence under the NDPS Act are pending against the petitioner. It is Act are pending against the petitioner. It is offence under the NDPS proceedings he was granted bail. Having not denied that in those proceedings he was granted bail. Having proceedings he was granted bail. Having not denied that in those the petitioner is directed to the regard to these circumstances, the petitioner is directed to the the petitioner is directed to the regard to these circumstances, enlarged on anticipatory bail, subject to enlarged on anticipatory bai such terms and conditions as l, subject to such terms and conditions as the trial Court may impose. The petition is allowed.” the trial Court may impose. The petition is the trial Court may impose. The petition is

9. , and Without expressing any opinion on the merits of the case, and Without expressing any opinion on the Without expressing any opinion on the period of custody, the stage of the trial, the nature of allegations, considering the period of custody, the stage of the trial, the nature of allegations, period of custody, the stage of the trial, the nature of allegations, considering the TRIPTI SAINI 2026.03.08 13:32 I attest to the accuracy and integrity of this document CRM-M-65284- -2025 (O&M) -5- , this Court is of the fact that the petitioner was not apprehended at the spot, this Court is of the fact that the petitioner was not apprehended at the spot and the fact that the petitioner was not apprehended at the spot view that the petitioner deserves the concession of regular bail. view that the petitioner deserves the concession of view that the petitioner deserves the concession of

10. The petitioner is Consequently, the present petition is allowed. The petitioner is Consequently, the present petition is Consequently, the present petition is ordered to be released on regular bail released on regular bail, subject to his furnishing bail bonds and subject to his furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate surety bonds to the satisfaction of the learned trial Court/Duty Magistrate surety bonds to the satisfaction of the learned trial Court/Duty Magistrate surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned.

11. any observation made hereinabove However, it is made clear that any observation made hereinabove any observation made hereinabove However, it is made clear that shall not be construed as an expression of opinion on the merits of the case. shall not be construed as an expression of opinion on the m shall not be construed as an expression of opinion on the m

12. All pending miscellaneous application(s), if any, stands disposed of. All pending miscellaneous application(s), if any, stands disposed of. All pending miscellaneous application(s), if any, stands disposed of. All pending miscellaneous application(s), if any, stands disposed of. March 07, 2026 tripti Whether speaking/non Whether speaking/non-speaking : Speaking Whether reportable Whether reportable : Yes/No (MANDEEP PANNU) JUDGE TRIPTI SAINI 2026.03.08 13:32 I attest to the accuracy and integrity of this document