Gurwinder Singh @ Pinka vs State Of Haryana

SANJAY VASHISTH, J. (Oral)

The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:-

Brief facts essential for the disposal of present bail petition are that co-accused Vivek, son of Madan Lal and Sanjay Garg, son of Babu Lal were indulged in trafficking of poppy husk. They purchased 100 kilograms poppy husk from co-accused Raghu near Kundli Boarder for further sale to have profit. On 06.02.2026, they were caught red handed by police party headed by ASI Chanan Ram for keeping 28 kilograms 750 gram poppy husk in their conscious possession after following the provisions of NDPS Act.

During investigation, it came to light that co-accused Vivek and Sanjay Garg had sold 30 kilograms poppy husk to petitioner at the rate of ₹3500/- per kilogram. The petitioner was arrested on 09.02.2026. He suffered disclosure statement admitting his guilt and got recovered 20 kilograms 350 gram poppy husk which was hidden under the earth of his plot. Remaining contraband was already sold by him.

Ms. Bisman Mann, Advocate argues that petitioner’s name was not mentioned in the FIR, however, it was on the basis of disclosure statement of co-accused Vivek and Sanjay Garg that name of the petitioner was also involved in the present case with the allegations that 100 kilograms poppy husk was purchased by them from one Raghuveer Singh @ Raghu from near Kundli Border. Said accused was arrested on 06.02.2026 along with total 28 kilograms 750 grams of poppy husk. It was during investigation that on the basis of disclosure statement of the main accused Vivek and Sanjay Garg, petitioner was also made accused in the present case with the allegation that 30 kilograms of poppy husk was sold to the petitioner at the rate of Rs.3500/-per kilogram. Thereupon, petitioner was arrested on 09.02.2026, but on suffering disclosure statement, only 20 kilograms 350 grams of poppy husk was recovered hidden under the earth of his plot. Regarding remaining contraband, it was recorded that the same was also sold out to someone else.

Ms. Bisman Mann, Advocate also argued that there being no investigation on the aspect that as to whom about 9.650 kgs of poppy husk was sold by the petitioner, complete set of allegations of purchasing 30 kilograms of poppy husk by the petitioner and thereupon recovery of 20 kilograms 350 grams becomes baseless.

Further argued that quantity recovered is even much less to the threshold of commercial quantity i.e. 50 kilograms and petitioner is inside jail since 09.02.2026 i.e. for the last more than seven months. It is also argued that involvement of the petitioner is based only on the disclosure statement of co-accused. Therefore, the issue regarding the admissibility of such statements of the co-accused would be moot question during the course of trial because as per settled proposition of law, such statement recorded on a document from the mouth of the co-accused, is not admissible in law. Co-accused Raghuveer Singh @ Raghu has already been granted bail by this Court, vide order dated 08.05.2026 passed in CRM-M-24972-2026. Thus, learned counsel prays for grant of bail to the petitioner.

I have considered the submissions addressed by the respective counsel.

Petitioner is aged about 35 years and is not alleged to be involved in any other case punishable under NDPS Act. Co-accused Raghuveer Singh @ Raghu has already been granted bail. Petitioner is inside jail for the last 07 months and 04 days and trial of the case is likely to consume considerable time.

In view of totality of circumstances, and the facts/allegations levelled against the petitioner, and the factors noticed hereinabove, this Court deems it appropriate to grant the concession of bail to the petitioner.

Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/ surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case.

Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law.

Petition stands disposed of.

Pending application(s), if any, also stands disposed of.