Ishwar Chand Garg v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Date of decision : 20.01.2026 Ishwar Chand Garg ..... Petitioner

VERSUS

State of Haryana ..... Respondent CORAM: HON'BLE MR. JUSTICE SURYA PARTAP SINGH Present :

Mr. Sandeep Saini, Advocate for the petitioner. Ms. Deepali Verma, Asst. A.G. Haryana.

***** SURYA PARTAP SINGH, J. (oral) 1.

For the commission of offence punishable under Section 22(c) and 29 of 'Narcotic Drugs and Psychotropic Substances Act', hereinafter being referred to as 'NDPS Act', the FIR No.30 dated 18.02.2025 has been lodged in Police Station Sector-20, Panchkula. The petitioner is being prosecuted for the commission of abovementioned offence and he has been arrested. The petitioner is in custody and, therefore, craving for bail. This is second petition for bail filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

2.

In nut-shell, the facts emerging from record are that the FIR of this case came into being at the instance of Sub Inspector 'Sanjeev Kumar', who had reported that on 18.02.2022, at about 04:40 P.M when he was heading a police team, and travelling in official vehicle, near Devi Lal Stadium Sector-3 Panchkula, he received a tip-off given by a reliable source

that 'Ram Kapoor' son of 'Ram Shankar' resident of village Sudna Nagar, Haroni Station District Sirojani Nagar U.P. was involved in the sale of intoxicating tablets, and at that point of time he was present in an Eco Van near Apple Market, Sector-20, Panchkula. It was further reported by the above-named police officer that in view of abovementioned information, he went to Apple Market Sector-20 Panchkula along with the informer and when informer pointed out towards a person, he (the person pointed out by the informer) was approached by the police party. As per report on inquiry the abovesaid person disclosed his name as 'Ram Kapoor', and when after complying with the necessary formalities meant for search, the search of the vehicle was conducted, it was found that there was a carry-bag in the vehicle containing (total 2600) intoxicating tablets of 'Alprazolam' (total 338 grams), kept in 4 boxes.

3.

It is the case of the prosecution that pursuant to abovementioned recovery of contraband, the requisite formalities with regard to seizure and sealing of contraband, lodging of FIR and arrest of accused were undertaken and further investigation taken up. As per prosecution, during the course of investigation the accused 'Raj Kapoor' suffered a disclosure a statement wherein he nominated his co-accused 'Ishwar Chand Garg' (petitioner herein). According to prosecution, when accused 'Ishwar Chand Garg' was interrogated, he suffered disclosure statement, wherein he nominated 'Kuldeep Singh' as supplier of recovered tablets. The prosecution has further alleged that accused 'Kuldeep' on arrest, suffered disclosure statement nominating 'Ajay'. It is the case of the prosecution that when accused 'Ajay' was arrested, he, too, suffered the

disclosure statement and nominated Chand Khan stating therein that he had purchased the abovementioned tablets from Chand Khan, who is a chemist. 4.

The learned State Counsel has filed custody certificate of the petitioner. The same be taken on record. The status report has already been filed. The same, too, be taken on record.

5.

Heard.

6.

It has been contended on behalf of petitioner that petitioner is innocent having no nexus, whatsoever, with the commission of crime, and that in the present case, he has been prosecuted on the basis of a disclosure statement suffered by the co-accused. According to learned counsel for the petitioner, the disclosure statement being relied upon by the prosecution is neither a piece of evidence which can be said to be admissible in evidence, nor the same is reliable. While claiming that the petitioner has clean antecedents and that detention of petitioner in judicial lock-up shall not serve any purpose, the benefit of bail has been urged for the petitioner. It has also been argued by learned counsel for the petitioner that on the basis of parity also, the petitioner is entitled for bail as his co-accused, namely Chand Khan, has already been released on bail by this Court vide order dated 15.12.2025.

8.

The abovementioned arguments have been controverted by the learned State Counsel. According to learned State Counsel, the recovery of contraband from the possession of petitioner being commercial quantity, without satisfying the twin conditions, prescribed under Section-37 of NDPS Act, the petitioner cannot be released on bail. According to learned State Counsel, in the given fact-situation, the petitioner is not entitled for the

benefit of bail. However, this fact has not been disputed by the learned State Counsel that the petitioner has been implicated on the basis of disclosure statement, suffered by his co-accused.

9.

The record has been perused carefully.

10.

To deal with given fact-situation, the principles of law laid down by the Hon'ble Supreme Court of India in the case of 'Vijay Singh Vs. The State of Haryana' 2023 SCC OnlineSC 1235 are relevant. In the above mentioned case, the petitioner was not present on the spot at the time of recovery and he was implicated solely on the basis of statement of coaccused. The Hon'ble Supreme Court of India in the above mentioned case afforded the benefit of bail to the accused.

11.

Similarly, in the case of 'Surender Kumar Khanna Vs. Intelligence Officer Directorate of Revenue Intelligence' 2018(8) SCC 271, it has been held by the Hon'ble Supreme Court of India that the disclosure statement of co-accused is inadmissible against another accused, as the disclosure statement is not a substantive piece of evidence against other accused.

12.

Similar principle has been laid down by the Hon'ble Supreme Court of India in the case of 'Preet Kamal Vs. State of Punjab', 2018(4) RCR (Criminal) 938, wherein it has been held that the disclosure statement of an accused can be used only against the person making the same, and not against the co-accused.

13.

In 'Tofan Singh Vs. State of Tamil Nadu', 2021(4) SCC 1 also, it has been observed by the Hon'ble Supreme Court of India that

confessional statement of accused recorded under Section 67 of NDPS Act cannot be admitted in evidence, as a confession. 14.

If the facts and circumstances of the present case are analyzed in the light of above-mentioned principles of law, it transpires that:-

15.

In the present case, the principles of law laid down by the Hon'ble Supreme Court in the case of "Dataram versus State of Uttar Pradesh and another", 2018(2) R.C.R. (Criminal) 131, are relevant, wherein it has been observed that "a fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to

our society. There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case".

16.

The principles laid down by the Hon'ble the Supreme Court of India in the case of 'Satender Kumar Antil Vs. Central Bureau of Investigation and Another', ( are also relevant in this case.

In the abovementioned case, it has been observed that "the rate of conviction in criminal cases in India is abysmally low. It appears to us that this factor weighs on the mind of the Court while deciding the bail applications in a negative sense. Courts tend to think that the possibility of a conviction being nearer to rarity, bail applications will have to be decided strictly, contrary to legal principles. We cannot mix up consideration of a bail application, which is not punitive in nature with that of a possible adjudication by way of trial. On the contrary, an ultimate acquittal with continued custody would be a case of grave injustice".

17.

Recently, in the case of 'Tapas Kumar Palit Vs. State of Chhattisgarh', 2025 SCC Online SC 322, the Hon'ble Supreme Court of India has observed that "if an accused is to get a final verdict after incarceration of six to seven years in jail as an undertrial prisoner, then, definitely, it could be said that his right to have a speedy trial under Article

21 of the Constitution has been infringed". It has also been observed by the Hon'ble Supreme Court of India in the abovementioned case that "delays are bad for the accused and extremely bad for the victims, for Indian society and for the credibility of our justice system, which is valued. Judges are the masters of their Courtrooms and the Criminal Procedure Code provides many tools for the Judges to use in order to ensure that cases proceed efficiently".

18.

Therefore, to elucidate further, this Court is conscious of the basic and fundamental principle of law that right to speedy trial is a part of reasonable, fair and just procedure enshrined under Article 21 of the Constitution of India. This constitutional right cannot be denied to the accused as mandated by Hon'ble Apex court in "Balwinder Singh versus State of Punjab and Another", 2024 SCC Online SC 4354. 19.

If the cumulative effect of all the abovementioned factors, involved in the instant case, is taken into consideration, it leads to a conclusion that the petitioner is entitled for the benefit of bail, and that the present petition deserves to be allowed.

20.

Accordingly, without commenting anything on the merits of the case, the present petition is hereby allowed. The petitioner is hereby ordered to be released on bail on his furnishing personal bond and surety bond(s) to the satisfaction of learned trial Court, subject to the following conditions:- (i) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority.

(ii) that the petitioner shall at the time of execution of bond, furnish the address to the Court concerned and , till the final decision of the trial;

and (iii) that the petitioner shall not leave India without prior permission of the trial Court.

(SURYA PARTAP SINGH) JUDGE 20.01.2026 Gaurav Thakur Whether speaking / reasoned Yes/No Whether Reportable Yes/No