High Court of Punjab and HaryanaCRM-M/8556/2025allowed

Deepak Rai Alias Deepak Alias Deepu v. State Of Haryana

2026-01-15Ms. Justice Aaradhna Sawhney6 pages

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$ %%% %&) ! * 1. By virtue of the present petition under Section 483 BNSS, petitioner, an accused in case bearing FIR No.182 dated 26.04.2024 registered against him, for commission of offences punishable under Sections 22/27(a) (added later on) of the NDPS Act at Police Station Jind City, District Jind, has prayed for grant of bail.

Relevant facts emerging from documents on record be noticed hereinbelow:- "On 26.04.2024, police team headed by ASI, Surender Kumar, received a secret information that Deepak @ Deep S/o Nirmal Dev, R/o Haqiqat Nagar, Jind, who is habitual of selling banned drugs, after procuring them from Delhi can be apprehended red handed today on his way back home from Jind, Railway Station along with huge quantity of contraband. Secret informer also disclosed the physical identification details of Deepak @ Deep. Finding the information reliable notice u/s 42 was sent to Police Station, City Jind to register in the daily diary. ASI, Surender Kumar

prepared a raiding team disclosed them about the facts narrated by the secret informer. The police team reached the disclosed site. After some time they noticed a person coming from the side of the railway station, holding a black coloured polythene bag in his right hand. On seeing the police party, the aforesaid person tried to run away. On account of suspicion having arisen the police team chased him and were able to apprehend him. When questioned, the person introduced himself as Deepak @ Deep (petitioner) S/o Nirmal Dev, R/o Haqiqat Nagar, Jind. Notice u/s 50 NDPS Act was also served upon Deepak intimating him about his legal right. It is further the case of the prosecution that in presence of Naib Tehsildar, Safidon accused was searched.

No contraband was recovered from his possession but from the black coloured polythene bag 108 strips, each strip containing 08 capsules, total 864 capsules of Dicyclomine Hyrdrocloride, Tramadol Hydrochloride Acetaminophen, were recovered, which when weighed were 648 grams. Accused was apprehended. Case property was taken into possession, later produced before the Magistrate and proceedings u/s 52A of the Act were completed. Accused, who was arrested on 26.04.2024 was interrogated who disclosed that prohibited drugs had been purchased by him from co-accused Dharminder S/o Hari Ram R/o E-268, Gali No.10, Panchal Vihar, Karawal Nagar, Delhi for Rs.9,000/-, as also that the same had to be delivered to Ramesh.

It is further the case of the prosecution that co-accused Dharminder, who was granted pre-arrest bail disclosed during interrogation that the prohibited drugs had been purchased by him from Brijesh for Rs.8,000/-. Resultantly, Section 27A of the NDPS Act was invoked. Sealed parcels were sent to the FSL. On completion of investigation, formal challan was present in the Court on 28.08.2024. Admittedly, the petitioner and other co-accused have been charge-sheeted for commission of offence u/s 22/27A of the Act.

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Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. The very fact that the police team had allegedly received secret information about petitioner keeping in his illegal possession contraband/prohibited drugs, but no efforts were made by the team to involve any independent witness as a 'witness' to the case proceedings raises doubt on the genuineness of the story put-forth by them. It is further the submission of learned counsel that even statutory formalities were not complied with at the site.

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Per contra, learned State counsel while referring to the status report dated 22.12.2025 filed by way of affidavit of Mr. Sandeep Kumar, HPS,

" - has opposed the request for grant of bail on the ground that petitioner is habitual offender. Based on secret information, the police team headed by the ASI, Surender Kumar caught him red handed while keeping in his conscious possession 864 capsules of Dicyclomine Hyrdrocloride, Tramadol Hydrochloride Acetaminophen (prohibited drug), weighing 648 grams in black polythene. Learned State

* counsel further contends that contraband recovered in the present case falls within the 'Commercial Quantity'. In view thereof, rigors of Section 37 of NDPS Act are attracted which bar the grant of bail, unless the twin conditions prescribed in the provision are satisfied. Further according to him, if lenient view is taken in favour of the petitioner, the likelihood of him indulging in similar offence and fleeing from process of justice cannot be ruled out. Dismissal of the petition has been prayed for. 5.

I have heard the learned counsel for the parties and have gone through the documents on record.

Before proceeding to discuss the rival contentions, it would be appropriate to refer to judgment of Hon'ble Supreme Court wherein case titled as Shambu Lal Gurjar Vs. State of Rajasthan, SLP Criminal 16671 of 2024, decided on 23.04.2024, it was held as under:-

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