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High Court of Punjab and HaryanaCRM-M/35229/2025allowed

Sachin Saxena v. State Of Haryana

2025-07-11Mr. Justice Harpreet Singh Brar5 pages

  

        CRMM352292025 Date of decision: 11.07.2025 Sachin Saxena ....Petitioner

Versus

State of Haryana

...Respondent

          

 Mr. Parampreet Singh Brar, Advocate for the petitioner.

Mr. Vikas Bhardwaj, AAG, Haryana.

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The present petition has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail in case bearing FIR No.310 dated 08.11.2024 under Sections 22(C)/27/29 of the NDPS Act and Sections 238B/336(3)/338/340(2) of BNS registered at Police Station Sector 6, Bahadurgarh, District Jhajjar.

The FIR in present case was registered on the complaint of Sub Inspector Kuldeep Singh. A police party headed by Sub Inspector Kuldeep received a secret information that Sahil Rathi and Sumit @ Chintu could be caught red handed with contraband injections. Accordingly, the police apprehended both the accused Sahil Rathi and Sumit @ Chintu, who were sitting on TVS Jupiter Scooty bearing registration no. HR13S9170. After making compliance of under Section 50 NDPS Act, they were searched. On the search of TVS Scooty, 3 strip of buprenophine injections IP (2 ml. Each injections) marka IP LEEGESIC (five injections in each strip), containing total

## 30 ml/gm were recovered. On the disclosure statement of Sahil Rathi, the police reached at Firojabad, U.P. On the demarcation of accused Sahil Rathi, the accused Dinesh Kumar was apprehended when he was sitting on a medical store with name and style of Nikhil Medical Store. The said medical store was also got searched with the help of Sh. Kapil Sharma, Drugs Inspectors of District Firojabad, U.P. In the search of said medical store, 5 injections of Tramadol were recovered without any legitimate record. Thereafter, accused Dinesh Kumar was apprehended and taken on police remand. On his disclosure statement, one another accused namely Gaurav Gupta was apprehended from Agra (UP) and his godown situated in a village of District Agra was got searched.

In the search of said godown, a huge quantity of buprenophine injections marka REXOGESIC batch no. ABM 24003 (1 box having 60 small boxes) containing total 1500 injections of 2 ml each, and 36 boxes of Avil vile and 180 empty boxes of IP LEEGESIC buprenophine injections were recovered. The 1500 injections recovered from the godown of Gaurav Gupta were taken in possession by police and whereas 36 boxes of Avil vile were taken in possession by Drug Inspector Kapil Sharma. Further on the disclosure statement and demarcation of Gaurav Gupta, one Sanjeev Gupta from Aligarh was apprehended. Thereafter, the police on the disclosure statement and demarcation of accused Sanjeev Gupta arrested Deepak Pandey from Muradabad.

## Sexana (petitioner).

Learned counsel for the petitioner  contends that admittedly the contraband was allegedly recovered from the conscious possession of co accused. The petitioner is not named in the FIR. Further, there is no cogent material available on record to establish the conscious possession of the petitioner over the alleged contraband. Petitioner has been nominated on the basis of disclosure statements made by coaccused during their custodial interrogation, which have no evidentiary value in the eyes of law as the statements recorded by the police under Section 67 of NDPS Act would be hit by Sections 25 and 26 of Indian Evidence Act. Investigation of the case is complete and petitioner is having clean antecedents and he is not involved in any other case. He further submits that identically placed coaccused, namely, Vishnu Avtar Gaur and Deepak Pandey, have been granted the concession of regular bail by this Court vide common order dated 03.07.2025 passed in CRMM319432025 titled as ' 



  '.

Learned State counsel has filed the custody certificate of the petitioner and  opposes the prayer for grant of regular bail to the petitioner on the ground that complicity of the petitioner is duly established as he is supplier of the contraband. He further submits that the petitioner is providing false sale reports with regard to sale of intoxicating tablets. As such, he does not deserve any leniency by this Court. However, he could not controvert the fact that petitioner is not involved in any other case and he has undergone 07 months and 20 days of custody and till date out of total 51 PWs, none has been examined.

Having heard learned counsels for the parties and after perusing

#'# the record of the case, it transpires that the petitioner is behind the bars for the last 07 months and 20 days and trial of the case would take sufficient long time to conclude as out of total 51 prosecution witnesses, none has been examined so far. The culpability, if any, would be determined at the time of trial. No useful purpose shall be served by further detention of the accused/petitioner. A two Judge Bench of Hon'ble Supreme Court in '  

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         , In view the above, the present petition is allowed. Thus, without commenting upon the merits of the case lest it may prejudice the outcome of the trial, the petitionerSachin Saxena, is ordered to be released on regular bail during trial on his furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court.

 

 Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and the trial Court shall proceed without being prejudiced by observations of this Court. !     "

   ((&)&$ -  Whether speaking/reasoned :

Yes/No