Mirgank Soni @ Mirgank @ Kaku v. State Of Haryana

 



 

  

 






    



 

 

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By virtue of the present 4th petition under Section 483 BNSS, petitioner, co-accused in case bearing FIR No.376 dated 25.04.2023 registered against him, for commission of offences punishable u/s 21(c) of the NDPS Act at Police Station Hisar Sadar, District Hisar, has prayed for grant of bail. 2.

Relevant facts emerging from documents on record be noticed hereinbelow:- *


  

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3.

Learned counsel for the petitioner submits that petitioner, who is himself a victim of drug menace has been falsely implicated in the present case. The statutory formalities were not complied with in letter and spirit by the police team. 1

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!  It is further the submission of learned counsel that since the dismissal of the third petition 6#

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Per contra, learned State counsel while referring to the status report dated 04.12.2025 filed by way of affidavit of Mr. Kamaljeet Singh, HPS, & 




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has opposed the request for grant of bail on the ground that Nakabandi was laid by the police authorities after receiving an authentic secret information that petitioner and other two coaccused, who are habitual drug peddlers, can be apprehended while keeping in their illegal possession huge quantity of contraband. Informant further

 disclosed the identification details of the vehicle in which all three accused were travelling. Learned counsel contends that the fact that the vehicle is registered in the name of the mother of the petitioner further indicates his complicity. There being nothing on record to draw an inference that petitioner was not aware about contraband being in possession of his accomplice. Mandatory provisions of NDPS Act were complied with after which recovery of 510 grams of heroin was effected from the conscious possession of coaccused Sonu as also that since contraband recovered in the present case falls within the 'Commercial Quantity'; rigors of Section 37 of NDPS Act are attracted which bar the grant of bail, unless the twin conditions prescribed in the provision are satisfied. Further according to learned State counsel, if lenient view is taken in favour of the petitioner, the likelihood of him indulging in similar offence and fleeing from process of justice cannot be ruled out. & 

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I have heard the learned counsel for the parties and have gone through the documents on record.

6.

Before proceeding to discuss the rival contentions, it would be appropriate to refer to judgment of Hon'ble Supreme Court wherein case titled as

  

  

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