CRM-M-12273 IN T 224 MANDEEP KU STATE OF PU CORAM:- HO Present:- M Mr for Mr RUPINDERJIT 1. Th Bharatiya Naga seeks anticipato Sections 21(C), Act, 1985, at Po 2. On 48 pet Sec Su Mu 12273-2026 1 IN THE HIGH COURT OF PUNJ AT CHANDIGAR CR Da EP KUMAR ALIAS MANI Versus PUNJAB HON'BLE MS. JUSTICE RUPIN Mr. G.S. Hundal, Advocate for Mr. Vikramjeet Singh, Advocate for the petitioner. Mr. Amit Shukla, DAG, Punjab. ***** ERJIT CHAHAL, J. (ORAL) Through the instant petition file Nagarik Suraksha Sanhita, 2023 (For icipatory bail in case FIR No.164 date 21(C), 27, 29 of the Narcotic Drug , at Police Station City Malout, Distric On 24.03.2026, the following order “Prayer in the presen 482 of the BNSS, 2023 is for gra petitioner in case FIR No.164 date Sections 21(C), 27, 29 of the Nar Substances Act, 1985, at Police St Muktsar Sahib. PUNJAB & HARYANA IGARH CRM-M-12273-2026 Date of decision: 06.04.2026 ….Petitioner ....Respondent UPINDERJIT CHAHAL n filed under Section 482 of the 3 (For short “BNSS”), the petitioner 4 dated 18.09.2025 registered under Drugs and Psychotropic Substances District Sri Muktsar Sahib. g order was passed by this Court: - resent petition filed under Section r grant of anticipatory bail to the dated 18.09.2025 registered under Narcotic Drugs and Psychotropic ce Station City Malout, District Sri oner dent f the ioner nder nces ion the der pic Sri GURPREET 2026.04.07 12:18 I attest to the accuracy and authenticity of this document. CRM-M-12273 18 ap wh He wa pet fur spo sai no sta sta wit sta no p in pet wh sta rep sub ser the oth inv wh the ad 12273-2026 2 Brief facts as per the pr 18.09.2025, S.I. Kulbir Chand alo apprehended Sukhvir Singh and while they were travelling in a car Heroin was recovered from the ca was registered against the said co Learned counsel for the petitioner has been falsely implic further contends that the petition spot, nor was named in the FIR a said incident. He further contend nominated as an accused only o statement made by co-accused. statement, there is no other evide with the offence in question and i statement of the co-accused during not admissible in evidence. No rec petitioner. Petitioner has clean an in any other case. Learned cou petitioner is ready and willing to when called upon to do so by the in On the other hand, learne status report in the matter and report, has opposed the prayer for submitting that the allegations leve serious in nature. However, he has the petitioner is a first time offend other case. Adjourned to 06.04.2026. In the meantime, the pe investigation within a week from to when required by the Investigatin the Investigating Agency. In the admitted to interim bail on furnish e prosecution case are that on along with other police officials, nd Manpreet Sharma alias Preet car. Upon checking 4 kgs 4 mg of e car. Initially, the FIR in question co-accused persons. the petitioner contends that the plicated in the present case. He itioner was neither present at the IR and he has no concern with the tends that the petitioner has been ly on the basis of the disclosure sed. Apart from the disclosure evidence to connect the petitioner nd it is a trite law that disclosure uring his custodial interrogation is recovery is to be effected from the n antecedents as he is not involved counsel further submits that the g to join the investigation as and he investigating agency. arned State counsel has filed the and while referring to the status r for grant of anticipatory bail, by levelled against the petitioner are e has not controverted the fact that ffender and is not involved in any petitioner is directed to join m today and would appear as and gating Officer and cooperate with the event of arrest, he shall be rnishing of bail/surety bonds to the on als, eet of ion the He the the een ure ure ner ure is the ved the nd the tus by are hat any oin nd ith be the GURPREET 2026.04.07 12:18 I attest to the accuracy and authenticity of this document. CRM-M-12273 sat sha 48 3. CRM-M-12273 sat sha 48 3. Lea with the order d the investigatio the petitioner a implicated only 4. Lea Balwinder Sing in terms of inter longer required that since the F ought not to be 5. On as to whether, found during i contraband, to than disclosure the offence or th 6. I h available record 7. Fur grant of anticip 12273-2026 3 satisfaction of Arresting/Investig shall also abide by the condition 482(2) of BNSS, 2023.” Learned counsel for the petitione rder dated 24.03.2026 passed by this C tigation. He has further argued that th oner and the co-accused and that d only on the basis of the disclosure sta Learned counsel for the State, r Singh, has submitted that the petition f interim order/protection earlier affor quired for further custodial interrogati the FIR in question is under the ND to be extended the concession of antic On a specific query put by this Cou ether, apart from the disclosure state ring investigation to connect the p d, to which learned State counsel sub losure statement has been found to con ce or the recovered contraband. I have heard learned counsel for th record. Further, the Hon'ble Supreme Cour anticipatory bail in a case under ND estigating Officer. The petitioner itions as envisaged under Section titioner submits that in compliance y this Court, the petitioner has joined that there is no connection between that the petitioner is sought to be sure statement of the co-accused. State, on instructions from ASI etitioner has joined the investigation r afforded to the petitioner and is no rogation. He has however submitted e NDPS Act of 1985, the petitioner f anticipatory bail. is Court to the learned State counsel e statement, any material has been the petitioner with the recovered sel submitted that no material other to connect the petitioner with either l for the rival parties and perused the e Court while dealing with a plea for er NDPS Act, 1985; in a judgment ner ion iance ined ween o be ASI ation is no itted ioner unsel been ered other ither d the a for ment GURPREET 2026.04.07 12:18 I attest to the accuracy and authenticity of this document. CRM-M-12273 titled as ‘Vijay Appeal (Crl.) N "Th Sec Su ap Th Po con acc pet all pen pro cir an tria ap 8. In solely on the b say there is no recovered contr co-accused will trial and the sam anticipatory ba investigation in 9. In order dated 24.0 12273-2026 4 ijay Singh vs. The State of Harya l.) No.(s)1266/2023 decided on 17.0 "The petitioner is alleged to ha Sections 15 and 29 of the Narc Substances Act, 1985 (hereinafte application for anticipatory bail w The allegations in the FIR are that Post) was recovered from the concededly was not present at the accused. That apart there is no o petitioner. The prosecution urg allegations of commission of offe pending against the petitioner. I proceedings he was granted ba circumstances, the petitioner is anticipatory bail, subject to such trial Court may impose. The pet applications are disposed of." In the present case also, the petit the basis of the disclosure statement is no other material available to co contraband. The veracity of the disc d will be subject to comprehensive sc same cannot by itself be a ground ry bail to the petitioner, especiall tion in terms of interim order/protectio In view of the above, the petitio 24.03.2026 passed by this Court is aryana, bearing Special Leave to 17.05.2023’ has held as under: have committed offences under arcotic Drugs and Psychotropic after called the NDPS Act". His il was rejected by the High Court. that 1.7 Kg of Poppy Straw (Doda the co-accused. The petitioner the spot but was named by the co- no other material to implicate the urges that another case with offence under the NDPS Act are r. It is not denied that in those d bail. Having regard to these is directed to the enlarged on such terms and conditions as the petition is allowed. All pending e petitioner is sought to be arrayed tement of the co-accused. Suffice to to connect the petitioner with the e disclosure statement made by the ive scrutiny during the course of the ground to decline the concession of pecially when he has joined the tection granted by this Court. petition is allowed and the interim is made absolute. The petitioner to der pic His urt. da ner - the ith are ose ese on the ing ayed ce to the y the f the n of the terim ioner GURPREET 2026.04.07 12:18 I attest to the accuracy and authenticity of this document. CRM-M-12273 shall continue t Officer and sha 482(2) of the BN 10. Ne construed to be 06.04.2026 Gurpreet 12273-2026 5 tinue to join investigation as and when nd shall also abide by the condition the BNSS. Needless to say anything observe to be an opinion on the merits of the c i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No d when required by the Investigating nditions as provided under Section bserved herein above shall not be f the case. (RUPINDERJIT CHAHAL) JUDGE es/No ating ction t be AL) GURPREET 2026.04.07 12:18 I attest to the accuracy and authenticity of this document.