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Judgment
SUMEET GOEL, J. (ORAL)
Present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of anticipatory bail to the petitioner in case FIR No.345 dated 19.8.2026 under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), registered at Police Station Krishna Gate, Thanasar, District Kurukshetra.
On 7.9.2026, the following order was passed:
‘Notice of motion.
On the strength of advance service of copy of petition; Ms. Mahima Yashpal Singla, Senior DAG Haryana causes appearance and accepts notice on behalf of the respondent – State of Haryana.
At the outset, learned State counsel (on instructions from Assistant Sub Inspector – Sushil) has submitted that the petitioner has not disclosed his complete antecedents inasmuch as the petitioner is/ was involved in 02 other FIR(s), but he has disclosed only one. State is mandated to file status report, in this regard. List on 21.09.2026. Be taken up in the urgent cause list. The question, in case description of antecedent(s) in the present plea for anticipatory bail is found to be lacking/ incorrect, it may invite imposition of exemplary costs, is kept open.’
Learned State counsel has filed reply by way of affidavit of Gurvinder Singh, DSP (HQ), Kurukshetra, in Court today. The same is taken on record. Relevant whereof reads thus:
‘1. That the petitioner is a habitual offender with a history of involvement in drug trafficking. He was previously convicted FIR No. 899 dated 30.12.2014, under the NDPS Act, registered at Police Station Krishna Gate, Kurukshetra, and was sentenced to undergo rigorous imprisonment for 5 years and in FIR No. 323 dated 24.05.2014 under NDPS Act, registered at Police Station City Thanesar and was sentenced to undergo and punishment duly served during trial, Rs.6,000/- fine and in FIR No. 241 dated 14.02.2015 under NDPS Act, registered at Polise Station City Kaithal he was acquitted by the Hon'ble (Special Court NDPS) Additional Sessions Judge Kaithal. This criminal antecedent clearly demonstrates the petitioner's propensity to commit such heinous crimes and disentitles him to any discretionary relief from this Hon'ble Court. His past conviction underscores a pattern of criminal behavior and a disregard for the law, making him a high flight risk and a potential threat to the ongoing investigation.’
Learned counsel for the petitioner seeks to withdraw the petition in hand after perusing the reply, especially paragraph no.1 of the preliminary submissions thereof.
In view of the prevenient ratiocination, it is ordained thus:
The petition in hand is permitted to be withdrawn albeit with costs of ₹25,000/-, which shall be deposited by the petitioner with Chief Judicial Magistrate (CJM), Kurukshetra, within four weeks from today. In case such costs are deposited; CJM, Kurukshetra shall have the same remitted to Haryana Police Welfare Fund, Bank Account No. 50100097073807, HDFC Bank, Sector-8 Panchkula, IFSC Code: HDFC0000108. In case, the said costs are not deposited by the petitioner as directed for; the CJM, Kurukshetra is directed to intimate the Deputy Commissioner, Kurukshetra who shall have such costs recovered from the petitioner by employing all lawful means including as arrears of land revenue and upon realization thereof, the Deputy Commissioner, Kurukshetra shall have the same submitted to CJM, Kurukshetra, for further remittance thereof to Haryana State Legal Services Authority, Panchkula. A compliance report be sent by CJM, Kurukshetra as also Deputy Commissioner, Kurukshetra, to this Court accordingly.
Registry is directed to transmit a copy of this judgment to CJM, Kurukshetra as also Deputy Commissioner, Kurukshetra for requisite compliance.
Any observations made and/or submissions noted hereinabove shall not have any effect on merits of the case and the investigating agency as also the trial Court shall proceed further, in accordance with law, without being influenced with this order.
Pending application(s), if any, shall also stand disposed of.