Sakeel v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH 208-2 CRM-M-38130-2025(O&M) DATE OF DECISION: 17.02.2026 Sakeel ........Petitioner VERSUS State of Haryana .........Respondent
CORAM
HON'BLE MR. JUSTICE SUBHAS MEHLA
Present
Mr. Inderjeet Singh, Advocate for the petitioner. Mr. Karan Veer Singh, Sr. DAG, Haryana.
*** SUBHAS MEHLA, J (ORAL) 1.
Present petition has been filed for grant of anticipatory bail to the petitioner in case FIR No.63 dated 17.05.2025, under Sections 15(C) and 61 of NDPS Act, 1985, registered at Police Station Pratap Nagar, District Yamuna Nagar, Haryana. 2.
Learned counsel for the petitioner contended that the petitioner has been named in the disclosure statement of the co-accused namely Noor Hassan @ Sada @ Noora who was apprehended alongwith 51 Kg 480 grams of doda chura post (poppy husk); petitioner has not been named in the FIR and no recovery is to be effected from the petitioner. The petitioner has been implicated in the present case on the basis of disclosure statement and on the basis of phone calls made to the main accused which were made just for bringing of 50 bags of cement from the shop, hence, prayer for grant of anticipatory bail to the petitioner is made.
3.
Notice of motion. 4.
In pursuance of advance notice, Mr. Karan Veer Singh, Sr. DAG, Haryana, has put in appearance and accepts notice on behalf of respondent/State and submits that the petitioner is involved in 04 more cases out of which one is under the NDPS Act; the petitioner's name was disclosed by the co-accused namely Noor Hassan @ Sada @ Noora being the key conspirator involved in dealing/ transactions & exchange of money related to selling of narcotic substance and in this regard, there is sufficient evidence against the petitioner in the form of Call Detail Record (CDR); the petitioner is required for custodial interrogation so as to unearth the modus operandi of the offence and to collect further evidence. Thus, prays for dismissal of present bail petition. 5.
Heard. 6.
Without commenting on the merits of the case and keeping in view the facts and circumstances of the case, contentions of learned counsel for the parties; gravity of offence and antecedents of the present petitioner, this Court does not find any merit to allow the petition for grant of anticipatory bail to the petitioner. 7.
Anticipatory bail is an extraordinary relief, to be granted sparingly, only in exceptional cases deserving of the concession. The grant of such relief becomes even more circumscribed in cases involving serious offences as those alleged in the present case as the Court is required to look beyond the offence in isolation and take into account the surrounding circumstances, including the impact of the crime on society, the likely effect
of the grant of anticipatory bail on the societal interest, and the possibility of the accused indulging in similar illegal activities or otherwise impeding a fair investigation or the progress of the trial. 8.
Recently, Hon'ble Apex Court in Srikant Upadhyay v. State of Bihar, 2024 INSC 202, has made the following observation with regard to concession of Anticipatory Bail:-
9.
The offence of drug peddling or dealing in narcotic substances is not merely a crime against an individual or a simple violation of statutory provisions, but is an offence against society at large. The increasing prevalence of drugs has far-reaching ramifications on the youth, and consequently, on the social fabric. Considering the gravity of the offence and its serious societal repercussions, this Court finds no justification to extend the extraordinary and discretionary relief of anticipatory bail to the petitioner.
10.
Moreover, with reference to relief of anticipatory bail in cases under N.D.P.S. Act, Hon'ble Apex Court in "Anarul S.K. Vs. The State of West Bengal" (SLP (Crl.) No.12621-2024 has observed that the grant of
anticipatory bail in cases involving Narcotic Drugs and Psychotropic Substances (NDPS) is a very serious issue. (In NDPS cases). 11.
In view of the above discussion, the present petition is hereby dismissed.
12.
All pending misc. applications, if any, be also disposed of. 17.02.2026 (SUBHAS MEHLA) Sonia Puri JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No