Pappu Alis Pappuddin v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.219 Case No. : CRM-M-34153-2025 Decided On : September 03, 2025 Pappu @ Pappuddin ....

Petitioner vs.

State of Haryana ....

Respondent CORAM :

HON'BLE MRS. JUSTICE SUKHVINDER KAUR.

* * * Present :

Mr. Abhinav Sood, Advocate for the petitioner.

Mr. P. K. Garg, DAG, Haryana.

* * * SUKHVINDER KAUR , J.

:

Prayer in the present petition, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is for grant of regular bail to the petitioner, in case FIR No.36 dated 05.02.2025, under Sections 22(B) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as - NDPS Act) (Section 22-C of NDPS Act deleted later on), registered at Police Station Dabua, District Faridabad. Briefly, the case of the prosecution is that on 05.02.2025, during routine patrolling, information was received by the police that one youth namely Shahadat was selling intoxicating injections and if raid was conducted at that time at the disclosed place, he could be apprehended red handed. Accordingly, the said person was caught by the police party. On conducting search, five injections of Buprenorphine i.e. Inj. Leegesic (2 ml.

each) i.e. total 10 ml. were recovered from his possession, as a result whereof, he was arrested. FIR in hand was registered. Later, he suffered disclosure statement that the petitioner Pappu used to supply the said injections to him and on the basis of this disclosure statement, the present petitioner was arrested in this case on 14.04.2025. Learned counsel for petitioner contended that the petitioner has been falsely involved in the present case. He was not named in the FIR and was arrested only on the basis of disclosure statement of co-accused, which is not admissible in law. The only allegation against the petitioner is that he supplied the alleged recovered injections to the co-accused, which also falls under the intermediate quantity.

He has further submitted that the main accused, from whom recovery of intoxicant injections was effected, has already been released on bail vide order dated 09.04.2025, passed by learned Additional Sessions Judge, Faridabad. He further urged that trial of the case is likely to take time. Therefore, the petitioner be granted concession of regular bail.

Learned State counsel opposed the present bail petition while contending that he is a habitual offender and involved in some other FIRs. The intoxicant injections allegedly recovered from the co-accused, were supplied by the petitioner and keeping in view his criminal record, he does not deserve the concession of bail.

I have heard the learned counsel for the parties and have also gone through the case file.

As per the allegations, there is recovery of only 10 ml. intoxicant injections from co-accused, which falls under the 'intermediate

quantity'. No recovery had been effected from the petitioner and his name surfaced only on disclosure statement of co-accused Shahadat, who has already been granted bail.

As per the Custody Certificate dated 02.09.2025, which has been placed on record today in Court, the petitioner has already undergone custody of 04 months and 19 days. The trial of the case is going on and conclusion of the trial is likely to take considerable time. No useful purpose would be served by further detaining the petitioner behind the bars. Accordingly, the present petition is allowed and the petitioner is ordered to be admitted on regular bail, on furnishing adequate bail bonds and surety bonds, to the satisfaction of concerned learned Trial Judge/Chief Judicial Magistrate/Duty Magistrate.

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. Pending application(s), if any, shall stand disposed of along with the present petition.

September 03, 2025 (SUKHVINDER KAUR) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.