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High Court of Punjab and HaryanaCRM-M/26352/2026allowed

Surjeet Singh v. State Of Haryana

2026-05-19Mr. Justice N.S. Shekhawat3 pages

  

 offence under Section 27-A of the NDPS Act. Learned counsel submits that except the disclosure statements suffered by the co-accused, the police could not collect any other incriminating evidence against the petitioner to connect him with the crime in any manner. Apart from that, even there was no call detail record to show that the petitioner had talked to them on phone, nor any money trail could be found. He further contends that the petitioner was arrested in the present case on 20.06.2025 and the challan has already been presented against him. Even the main accused, who were apprehended at the spot with the alleged recovery of 5.34 grams of heroin have already been granted the concession of bail vide order dated 02.07.2025 (Annexure P-3) passed by the Special Court, Fatehabad. He further contends that, in fact, in the past also, the petitioner was involved in other cases under the NDPS Act, and due to pendency of other cases, he was arrayed as an accused in the present case also.

3.

On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that the petitioner is habitual offender and is involved in seven more FIRs, including four cases registered under the provisions of the NDPS Act. Thus, in view of the seriousness of the allegations as well as his involvement in various criminal cases, he is not entitled to be released on bail.

4.

I have heard learned counsel for the parties and perused the record very carefully.

  

 5.

It is not in dispute that vide order dated 27.02.2025 (Annexure P-3), Kamaldeep and Binder both co-accused have already been admitted to bail by the Special Court, Fatehabad. The case of the petitioner is on better footing as he was nominated as accused only on the basis of the disclosure statement suffered by Kamaldeep and Binder. Moreover, he is in custody for the last about eleven months and there is no material to show that he is in a position to influence the witnesses of the prosecution or there are chances of absconding from the process of the law.     !"#! #$   

  

   

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Yes/No Whether reportable :

Yes/No