Tinku Alias Tinku Kumar vs U.T Chandigarh on 18 March, 2026

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    Punjab-Haryana High Court

    Tinku Alias Tinku Kumar vs U.T Chandigarh on 18 March, 2026

    218-2
            IN THE HIGH COURT OF PUNJAB & HARYANA AT
                           CHANDIGARH
    
                                                 CRM-M-290-2026
                                                 Date of Decision: 18.03.2026
                                                 Date of Uploading: 19.03.2026
    
    Tinku alia Tinku Kumar
                                                                  .....Petitioner.
                                        Versus
    UT Chandigarh
                                                                 .....Respondent.
    
    CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
    
                                        *****
    Present:-   Mr. Anuj Chauhan, Advocate
                for the petitioner.
    
                Mr. Tapan Masta, APP, U.T., Chandigarh with
                Mr. Anirudh Kaushal, Advocate for the respondent.
    
    SUMEET GOEL, J.(Oral)
    

    Present petition has been filed under Section 483 of the

    Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) (erstwhile

    SPONSORED

    439 Cr.P.C.) for grant of regular bail to the petitioner in case FIR No.24

    dated 19.11.2025 under Sections 21 and 29 of NDPS Act, registered at

    Police Station Crime, Chandigarh.

    2. The gravamen of the FIR in question is that the petitioner is an

    accused of being involved in an FIR pertaining to NDPS Act involving

    175.84 grams of cocaine and 279.37 grams of heroin, allegedly found in

    the possession of co-accused, namely, Rahul and Arun Kumar, and the

    petitioner has been nominated, in this case, on the disclosure of said co-

    accused.

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    3. Learned counsel for the petitioner has iterated that the

    petitioner is in custody since 20.11.2025. Learned counsel for the petitioner

    has further submitted that the mandatory provisions of the NDPS Act have

    not been complied with, and thus, the prosecution case suffers from

    inherent defects. Learned counsel has further iterated that sole basis to

    array the petitioner as an accused is the disclosure statement of co-accused,

    namely, Rahul and Arun Kumar. Learned counsel has further iterated that

    the petitioner has suffered incarceration for 03 months and 26 days. Thus,

    regular bail is prayed for.

    4. Learned State counsel has opposed the present petition by

    arguing that the allegations raised against the petitioner are serious in

    nature and, thus, he does not deserve the concession of the regular bail.

    Learned State counsel seeks to place on record custody certificate dated

    17.03.2026 in the Court, 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 20.11.2025 and investigation is

    being carried out and till date, Challan qua him has not been presented. The

    petitioner has been implicated as an accused in the FIR in question solely

    on the basis of disclosure statement of co-accused- Rahul and Arun Kumar,

    from whom 175.84 grams of cocaine and 279.37 grams of heroin was

    allegedly recovered. As per the 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

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    statements, in the absence of corroborative evidence hold limited

    evidentiary value and cannot be sole 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. As per custody certificate dated 17.03.2026 filed by the

    learned State counsel, the petitioner has already suffered incarceration for a

    period of 03 months and 26 days.

    6.2 At this juncture, it would be apposite to refer to a judgment

    passed by this Court in Anshul Sardana versus State of Punjab, passed in

    CRM-M-65094-2024 (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

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    (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 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.”

    6.3 Further, this Court in the case of Jaswinder Singh alias Kala

    versus State of Punjab passed in CRM-M-33729-2025 (2025:PHHC:

    089161) has held thus:

    “14. As a sequitur to above-said rumination, the following postulates
    emerge:

    (I) (i)A bail plea on merits; in respect of an FIR under NDPS Act of
    1985 involving offence(s) under Section 19 or Section 24 or
    Section 27-A thereof and for offence(s) involving commercial
    quantity; is essentially required to meet with the rigour(s) of
    Section 37 of NDPS Act.

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    (ii) The rigour(s) of Section 37 of NDPS Act do not apply to a
    bail plea(s) on medical ground(s), interim bail on account of any
    exigency including the reason of demise of a close family relative
    etc.

    (iii)The rigour(s) of Section 37 of NDPS Act pale into oblivion
    when bail is sought for on account of long incarceration in view
    of Article 21 of the Constitution of India i.e. where the bail-
    applicant has suffered long under-trial custody, the trial is
    procrastinating and folly thereof is not attributable to such bail-
    applicant.

    II. The twin conditions contained in Section 37(1)(b) of NDPS Act
    are in addition to the conditions/parameters contained in
    Cr.P.C./BNSS or any other applicable extant law.

    III. The twin conditions contained in Section 37(1)(b) of NDPS Act
    are cumulative in nature and not alternative i.e. both the
    conditions are required to be satisfied for a bail-plea to be
    successful.

    IV. For consideration by bail Court of the condition stipulated in
    Section 37(1)(b)(i) of NDPS Act i.e. “there are reasonable
    grounds for believing that he is not guilty of such offence”:

    (i) The bail Court ought to sift through all relevant
    material, including case-dairy, exclusively for the limited
    purpose of adjudicating such bail plea.

    (ii) Such consideration, concerning the assessment of
    guilt or innocence, should not mirror the same degree of
    scrutiny required for an acquittal of the accused at the
    final adjudication & culmination of trial.

    (iii) Plea(s) of defence by applicant-accused, if any,
    including material/documents in support thereof, may be
    looked into by the bail-Court while adjudicating such bail
    plea.

    V. For consideration of the condition stipulated in Section 37(1)(b)

    (ii) i.e. ‘he is not likely to commit any offence while on bail’:

    (i) The word ‘likely’ ought to be interpreted as
    requiring a demonstrable and substantial probability of
    re-offending by the bail-applicant, rather than a mere
    theoretical one, as no Court can predict future conduct of
    the bail-applicant.

    (ii) The entire factual matrix of a given case including
    the antecedents of the bail-applicant, role ascribed to
    him, and the nature of offence are required to be delved
    into. However, the involvement of bail-applicant in
    another NDPS/other offence cannot ipso facto result in
    the conclusion of his propensity for committing offence in
    the future.

    (iii) The bail-Court may, at the time of granting bail,

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    impose upon the applicant-accused a condition that he
    would submit, at such regular time period/interval as may
    stipulated by the Court granting bail, an affidavit before
    concerned Special Judge of NDPS Court/Illaqa
    (Jurisdictional) Judicial Magistrate/concerned Police
    Station, to the effect that he has not been involved in
    commission of any offence after being released on bail.
    In the facts of a given case, imposition of such condition
    may be considered to be sufficient for satisfaction of
    condition enumerated in Section 37(1)(b)(ii).

    VI. There is no gainsaying that the nature, mode and extent of
    exercise of power by a Court; while satisfying itself regarding the
    conditions stipulated in Section 37 of NDPS Act; shall depend
    upon the judicial discretion exercised by such Court in the facts
    and circumstances of a given case. No exhaustive guidelines can
    possibly be laid down as to what would constitute parameters for
    satisfaction of requirement under Section 37 (ibid) as every case
    has its own unique facts/circumstances. Making such an attempt
    is nothing but a utopian endeavour. Ergo, this issue is best left to
    the judicial wisdom and discretion of the Court dealing with such
    matter.”

    6.4 In this view of the matter, the rigor imposed under Section 37

    of the NDPS Act stands diluted.

    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. Petitioner is

    ordered to be released on regular bail 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.

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    (v) The petitioner shall deposit her 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, 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 CJM/Duty Magistrate as directed

    hereinabove or upon showing any other sufficient cause, the State/

    complainant shall be at liberty to move 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.

    
    
    
    
                                                           (SUMEET GOEL)
    March 18, 2026                                            JUDGE
    jatin
    
                         Whether speaking/reasoned:   Yes/No
                         Whether Reportable:          Yes/No
    
    
    
    
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