Amandeep Singh v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.209 Case No. : CRM-M-33073-2025 Decided On : July 04, 2025 Amandeep Singh ....
Petitioner vs.
State of Haryana ....
Respondent CORAM :
HON'BLE MRS. JUSTICE SUKHVINDER KAUR.
* * * Present :
Mr. Sunesha Jain, Advocate for the petitioner.
Mr. Karan Garg, AAG, Haryana.
* * * SUKHVINDER KAUR , J.
:
Prayer in the present petition, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is for grant of anticipatory bail to the petitioner in FIR No.136 dated 17.05.2025, under Sections 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as - NDPS Act), registered at Police Station Sadar Dabwali, District Sirsa.
The case of the prosecution, in brief, is that on 17.05.2025, during routine patrolling, the police nabbed one Bansi Lal and 23 grams of heroin was recovered from his possession. During investigation, said Bansi Lal disclosed that the recovered contraband was purchased by him from the present petitioner.
Learned counsel for the petitioner has contended that there is nothing on record for connecting the petitioner to the alleged recovered
contraband. No recovery had been effected from the petitioner and 23 grams of heroin was allegedly recovered from co-accused Bansi Lal. The petitioner has been nominated as accused only on the basis of disclosure statement of co-accused, which is not admissible in law. He further contended that otherwise also, the alleged contraband i.e. 23 grams of heroin allegedly recovered from the co-accused falls within the ambit of intermediate quantity and not commercial quantity. He further urged that custodial interrogation of the petitioner is not required for any purpose and prayed that he be granted concession of anticipatory bail. Notice in this case was issued on 23.06.2025 and time was sought by the respondent-State to file Status Report/reply.
Reply, by way of affidavit of Sandeep Singh, HPS, Deputy Superintendent of Police, Kalanwali, District Sirsa, has been filed today in Court which is ordered to be taken on record. Learned State counsel has opposed the present bail petition while contending that as per the disclosure statement suffered by co-accused Bansi Lal, he had purchased the recovered contraband i.e. 23 grams of heroin from the petitioner. So, his custodial interrogation is required to know the source from whom he had brought the recovered contraband. Heard.
In the present case, name of the petitioner has surfaced during the disclosure statement of co-accused Bansi Lal and specific allegations against the petitioner are that he was supplier of 23 grams of heroin, which was allegedly recovered from possession of co-accused Bansi Lal. As per Status Report, filed by the State, source of the recovered heroin
is to be traced out from the petitioner and amount of Rs.35,000/-, earned by him by selling the recovered heroin, is also yet to be recovered. One more case under the NDPS Act is also pending against the petitioner and as such, his custodial interrogation is required to trace the origin of the contraband. Keeping in view the specific allegations regarding involvement of the petitioner in drug trafficking and his past criminal antecedents, no ground for granting anticipatory bail to the petitioner is made out. Accordingly, the present petition stands dismissed. However, nothing observed herein above shall be construed to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail petition. July 04, 2025 (SUKHVINDER KAUR) monika JUDGE Whether speaking/reasoned ?
Yes/No.
Whether reportable ?
Yes/No.