CRM-M/34565/2026 of MOHD. SARFARAZ Vs STATE OF HARYANA on 28 July 2026

CRM CRM CRM CRM-M-34565

IN THE HIG IN THE HIG IN THE HIG IN THE HIG

Mohd. Sarfar State of Hary

Date of Date of Date of Date of Decis Decis Decis Decis Date of Uploa Date of Uploa Date of Uploa Date of Uploa

CORAM:

CORAM:

CORAM:

CORAM:

Present: Present: Present: Present:-

SUMEET GO SUMEET GO SUMEET GO SUMEET GO

Nagarik Sura the petitioner offences pun Psychotropic NDPS Act ad

2. 146.19 grams

3. in custody si petitioner has has iterated th 5-2026

GH COURT OF PUNJAB AND H GH COURT OF PUNJAB AND H GH COURT OF PUNJAB AND H GH COURT OF PUNJAB AND H

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versus yana sion sion sion sion: : : : July 28 July 28 July 28 July 28, 2026 , 2026 , 2026 , 2026 ading: ading: ading: ading: July 28 July 28 July 28 July 28, 2026 , 2026 , 2026 , 2026 HON’BLE MR. JUSTICE SUME HON’BLE MR. JUSTICE SUME HON’BLE MR. JUSTICE SUME HON’BLE MR. JUSTICE SUME Mr. Sumit Gupta, Advocate for th Mr. Gurmeet Singh, AAG Haryan ***** ***** ***** ***** OEL OEL OEL OEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed un aksha Sanhita, 2023 (for short ‘BN r, in case bearing FIR No.0039 da nishable under Sections 22(c) and Substances Act, 1985 (for short dded later on), at Police Station Ta The gravamen of FIR in questio s of Alprazolam. Learned counsel for the petitioner ince 16.02.2026. Learned counse s been falsely implicated into the hat mandatory provisions of the N

HARYANA HARYANA HARYANA HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH

….Petitioner ….Respondent EET GOEL EET GOEL EET GOEL EET GOEL he petitioner. na. nder Section 483 of the Bharatiya NSS’) for grant of regular bail to ated 11.02.2026, registered for the d 25 of the Narcotic Drugs and ‘NDPS Act’) (Section 29 of the araori, District Karnal. n pertains to alleged recovery of r has iterated that the petitioner is el has further submitted that the FIR in question. Learned counsel NDPS Act have not scrupulously r t a o e d e f s e l y MAHAVIR SINGH 2026.07.28 16:15 I attest to the accuracy and authenticity of this order/ judgment

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been complied with, and thus, the prosecution case suffers from inherent defects. Learned counsel has further iterated that assuming arguendo, the prosecution version is taken to be correct, the petitioner has been nominated into the FIR question on the basis of disclosure of co-accused. Learned counsel has further iterated that the petitioner has suffered incarceration for more than 05 months. Thus, regular bail is prayed for.

4. Learned State counsel has filed status report by way of an affidavit dated 27.07.2026, in the Court today, which is taken on record. Raising submissions in tandem with the said status report, learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, thus, the petitioner does not deserve the concession of regular bail. Learned State counsel also seeks to place on record the custody certificate dated 27.07.2026, in the Court today, which is taken on record.

5. I have heard counsel for the rival parties and have gone through the available records of the case.

6. The petitioner was arrested on 16.02.2026, whereinafter investigation was carried out and the challan qua the petitioner stands presented on 22.05.2026. Total 14 prosecution witnesses have been cited, out of which, none has been examined till date. The petitioner has been implicated as an accused in the FIR in question solely on the basis of disclosure statement of co- accused. As per prosecution version, there is no other material available to connect the petitioner with the contraband except for the said disclosure statement. It is pertinent to note that such disclosure statements, in the absence of corroborative evidence hold limited evidentiary value and cannot be the sole MAHAVIR SINGH 2026.07.28 16:15 I attest to the accuracy and authenticity of this order/ judgment

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basis for implicating the petitioner. The reliance on this unsubstantiated statement raises serious doubts about the fairness and objectivity of the investigation. It is not in dispute that the petitioner was not present at the spot. The veracity and weightage required to be attached to the disclosure statement made by the co-accused will be fully tested at the time of trial. The rival contentions raised at Bar give rise to debatable issues, which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence.

6.1. At this juncture, it would be apposite to refer to a judgment passed by this Court in Anshul Sardana versus State of Punjab Anshul Sardana versus State of Punjab Anshul Sardana versus State of Punjab Anshul Sardana versus State of Punjab, passed in CRM CRM CRM CRM-M- 65094 65094 65094 65094-2024

2024 (2025: PHHC:004198), wherein, after relying upon the ratio decidendi of the judgments of the Hon’ble Supreme Court in Tofan Singh versus State of Tamil Nadu, AIR 2020 Supreme Court 5592; Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu versus State of Gujrat, Narcotics Control Bureau, 2024 INSC 290; State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr.’, 2022 (1) RCR (Criminal) 762; and Vijay Singh vs. The State of Haryana, bearing Special Leave to Appeal (Crl.) No.(s) 1266/2023, decided on 17.05.2023, has held thus: “6.3

It is a well established principle of law that a confession made by a co-accused under Section 67 of the NDPS Act is inherently a very weak piece of evidence. Such statement(s), by themselves, cannot form the sole basis for the conviction of an individual and must be scrutinized with utmost caution in conjunction with other substantive evidence. Moreover, no recovery has been effected from the possession of the petitioner, who has been subsequently implicated as an accused solely on the basis of disclosure statement of the co- accused. However, as regular bail pertains to life and liberty of individual, Courts are obligated to strike a balance between safeguarding personal liberty and ensuring the effective administration of justice as also investigation. The final MAHAVIR SINGH 2026.07.28 16:15 I attest to the accuracy and authenticity of this order/ judgment

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evidentiary value and admissibility of the disclosure statement made by a co- accused fall within the domain of the trial Court and are to be adjudicated during the course of the trial in accordance with established principles of law. However, while adjudicating a plea for regular bail, this Court cannot remain oblivious to the circumstances under which the petitioner has been arraigned or implicated, including the nature of the allegations, the evidence linking the petitioner to the offence as well as the specific role attributed to the petitioner in the commission of the alleged offence. A prima facie examination of these factors is essential to ensure that the process of law is not misused, abused or misdirected.”

6.2. As per custody certificate dated 27.07.2026 filed by the learned State counsel, the petitioner has already suffered incarceration for a period of 05 months and 09 days, & is not shown to be involved in any other FIR(s).

Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case.

7. In view of above, the present petition is allowed allowed allowed allowed. Petitioner is ordered to be released on regular bail, if not required in any other case, on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned trial Court/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned trial Court/Duty Magistrate, the petitioner shall remain bound by the following conditions:

(i) The petitioner shall not mis-use the liberty granted.

(ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail.

(v) The petitioner shall deposit his passport, if any, with the trial Court.

(vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.

(vii) The petitioner shall not in any manner try to delay the trial.

(viii) The petitioner shall submit, on the first working day of every month, an affidavit, before the concerned trial Court, to the effect that he has not been involved in commission of any offence after being released on bail. In case the petitioner is found to be involved in any offence after his being enlarged on bail in the present FIR, on the basis of his affidavit or otherwise, the State is mandated to move, MAHAVIR SINGH 2026.07.28 16:15 I attest to the accuracy and authenticity of this order/ judgment

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forthwith, for cancellation of his bail which plea, but of course, shall be ratiocinated upon merits thereof.

8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned trial Court/ Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move for cancellation of bail of the petitioner.

9. Ordered accordingly.

10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.

11. Since the main case has been decided, pending miscellaneous application, if any, shall also stand disposed off.

(SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL)

JUDGE JUDGE JUDGE JUDGE July 28 July 28 July 28 July 28, 2026 , 2026 , 2026 , 2026 mahavir

Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No MAHAVIR SINGH 2026.07.28 16:15 I attest to the accuracy and authenticity of this order/ judgment