Sandeep Alias Kala v. State Of Haryana

-1- CRM-M-25822-2025 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-25822-2025 Date of decision: 29.07.2025 SANDEEP @ KALA ... Petitioner

Versus

STATE OF HARYANA .. Respondent CORAM : HON'BLE MR. JUSTICE H.S. GREWAL
 Mr. J.S. Dhaliwal, Advocate for the petitioner.

*** H.S. Grewal, J. (Oral)
  The present petition has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking regular bail in FIR No.497 dated 13.08.2024 under Sections 15(c) of NDPS Act, 1985 (later on Sections 61(2), 340(1), 336(3), 338, 238 of BNS, 2023 were added) registered at Police Station Shivaji Colony, District Rohtak, Haryana. 2.

The case of the prosecution is that co-accused namely Saurabh was apprehended while transporting 289 kilo 84 grams of opium doda. The petitioner was stated to be driving another car which was used as a pilot car for the vehicle carrying the contraband. The petitioner was named in the disclosure statement of the co-accused namely Saurabh who was arrested on the spot. It is also stated that Charan Govardhan, who has allegedly provided the contraband, has not been arrested.

3.

Learned counsel for the petitioner contends that the petitioner has been implicated in the present on the basis of disclosure statement. He further states that the petitioner is in custody since 11.10.2024 and has undergone the

-2- CRM-M-25822-2025 (O&M) custody period of more than 09 months. He further states that he is not involved in any other case under the NDPS Act.

4.

Notice of motion.

5.

Mr. Aditya Pal Singla, AAG, Haryana, accepts notice on behalf of the respondent-State.

6.

Learned counsel for the State 



                                                       
   



          7.

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

8.

Keeping in view the facts and circumstances of the present case, and the fact that the custody period undergone by the petitioner is 09 months and 10 days and moreover the petitioner is stated to be driving the pilot car and apart from disclosure statement, there is no other evidence to connect the petitioner with the alleged offence; furthermore, the petitioner is not involved in any other case under the NDPS Act, and also conclusion of the trial is likely to take a long time, therefore further incarceration of the petitioner would not serve the ends of justice. This Court deems it a fit case to grant the concession of regular bail to the petitioner.

9.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is granted concession of regular bail in the present case, on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/ Chief Judicial Magistrate concerned. The pending applications, if any, also stand disposed of.

-3- CRM-M-25822-2025 (O&M) 10.

It is however, made clear that in case during his bail, the petitioner indulges in any offence, the State shall be at liberty to file an application for cancellation of bail of the petitioner.

29th July, 2025 (H.S. GREWAL) JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No