CRM-M-11184 IN THE HIGH COURT OF PUNJAB & HARYANA 217 LOVEPREET SINGH STATE OF PUNJAB CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- M for the petitioner. Mr. Amit Shukla, DAG, Punjab. RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in case Section 21 of the Narcotic Drugs and Psychotr (Section 29 of the NDPS Act added later on) at Police Station City Nawanshahar, District SBS Nagar (Annexure P 2. On 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.9 dated 08.01.2026 registered under Section 21 of the Narcotic Drugs and Psychotropic Substances 11184-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: LOVEPREET SINGH Versus PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Damanjit Singh Sandhu, Advocate for the petitioner. Mr. Amit Shukla, DAG, Punjab. ***** RUPINDERJIT CHAHAL, J. (ORAL) Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in case FIR No.9 dated 08.01.2026 registered under Section 21 of the Narcotic Drugs and Psychotr (Section 29 of the NDPS Act added later on) at Police Station City Nawanshahar, District SBS Nagar (Annexure P On 26.02.2026, the following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.9 dated 08.01.2026 registered under Section 21 of the Narcotic Drugs and Psychotropic Substances IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-11184-2026 Date of decision: 11.03.2026 ….Petitioner ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL , Advocate Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner FIR No.9 dated 08.01.2026 registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Section 29 of the NDPS Act added later on) at Police Station City Nawanshahar, District SBS Nagar (Annexure P-1). following order was passed by this Court: - Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.9 dated 08.01.2026 registered under Section 21 of the Narcotic Drugs and Psychotropic Substances ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner FIR No.9 dated 08.01.2026 registered under opic Substances Act, 1985 (Section 29 of the NDPS Act added later on) at Police Station City Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.9 dated 08.01.2026 registered under Section 21 of the Narcotic Drugs and Psychotropic Substances GURPREET 2026.03.16 09:00 I attest to the accuracy and authenticity of this document. CRM-M-11184 Act, 1985 (Section Station City Nawanshahar, District SBS Nagar (Annexure P 08.01.2026, S.I. Pargat Singh along with fellow police officials was on a patrolling duty and on apprehended one Gurjinder Singh who was found in conscious possession of 100 grams of Heroin and Rs.18,000/ Initially, the FIR in question was registered against the said co accused. petitioner has been falsely implicated in the present case. He further contends that the petitioner was neither present at the spot, nor was named in the FIR and he has no concern with the said incident. He further contends that the petitio nominated as an accused only on the basis of the disclosure statement made by co disclosure statement, there is no other evidence to connect the petitioner with the offence in question and it is a trite disclosure statement of the co interrogation is not admissible in evidence. No recovery is to be effected from the petitioner. Learned counsel for the petitioner further submits that the petitioner is ready and investigation as and when called upon to do so by the investigating agency. accepts notice on behalf of respondent file status report in the m investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arres admitted to interim bail on furnishing of bail/surety bonds to the 11184-2026 2 Act, 1985 (Section 29 of the NDPS Act added later on) at Police Station City Nawanshahar, District SBS Nagar (Annexure P Brief facts, as per the prosecution case, are that on 08.01.2026, S.I. Pargat Singh along with fellow police officials was on a patrolling duty and on apprehended one Gurjinder Singh who was found in conscious possession of 100 grams of Heroin and Rs.18,000/ Initially, the FIR in question was registered against the said co accused. Learned counsel for the petitioner co petitioner has been falsely implicated in the present case. He further contends that the petitioner was neither present at the spot, nor was named in the FIR and he has no concern with the said incident. He further contends that the petitio nominated as an accused only on the basis of the disclosure statement made by co-accused Gurjinder Singh. Apart from the disclosure statement, there is no other evidence to connect the petitioner with the offence in question and it is a trite disclosure statement of the co-accused during his/her custodial interrogation is not admissible in evidence. No recovery is to be effected from the petitioner. Learned counsel for the petitioner further submits that the petitioner is ready and investigation as and when called upon to do so by the investigating agency. Notice of motion. On asking of the Court, Mr. Ravinder Singh, DAG Punjab accepts notice on behalf of respondent file status report in the matter. Adjourned to 11.03.2026. In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arres admitted to interim bail on furnishing of bail/surety bonds to the 29 of the NDPS Act added later on) at Police Station City Nawanshahar, District SBS Nagar (Annexure P-1). Brief facts, as per the prosecution case, are that on 08.01.2026, S.I. Pargat Singh along with fellow police officials was on a patrolling duty and on a basis of suspicion, apprehended one Gurjinder Singh who was found in conscious possession of 100 grams of Heroin and Rs.18,000/- drug money. Initially, the FIR in question was registered against the said co- Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He further contends that the petitioner was neither present at the spot, nor was named in the FIR and he has no concern with the said incident. He further contends that the petitioner has been nominated as an accused only on the basis of the disclosure accused Gurjinder Singh. Apart from the disclosure statement, there is no other evidence to connect the petitioner with the offence in question and it is a trite law that accused during his/her custodial interrogation is not admissible in evidence. No recovery is to be effected from the petitioner. Learned counsel for the petitioner further submits that the petitioner is ready and willing to join the investigation as and when called upon to do so by the On asking of the Court, Mr. Ravinder Singh, DAG Punjab accepts notice on behalf of respondent-State and seeks time to In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the 29 of the NDPS Act added later on) at Police Brief facts, as per the prosecution case, are that on 08.01.2026, S.I. Pargat Singh along with fellow police officials a basis of suspicion, apprehended one Gurjinder Singh who was found in conscious drug money. - ntends that the petitioner has been falsely implicated in the present case. He further contends that the petitioner was neither present at the spot, nor was named in the FIR and he has no concern with the ner has been nominated as an accused only on the basis of the disclosure accused Gurjinder Singh. Apart from the disclosure statement, there is no other evidence to connect the law that accused during his/her custodial interrogation is not admissible in evidence. No recovery is to be effected from the petitioner. Learned counsel for the petitioner ling to join the investigation as and when called upon to do so by the On asking of the Court, Mr. Ravinder Singh, DAG Punjab State and seeks time to In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with t, he shall be admitted to interim bail on furnishing of bail/surety bonds to the GURPREET 2026.03.16 09:00 I attest to the accuracy and authenticity of this document. CRM-M-11184 satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. 3. Learned counsel for the petitioner submits that in compliance with the order dated the investigation. the petitioner and implicated only on the basis of 4. Learned counsel for the State, the petitioner has joined the investigation earlier afforded to the petitioner interrogation. under the NDPS Act of 1985, the petitioner ought not to be extended the concession of anti 5. On a specific query put by this Court to the learned State counsel as to whether, apart from the disclosure statement, any material has been found during investigation to connect the petitioner with the recovered contraband, to which lea than disclosure statement has been found to connect the petitioner with either the offence or the recovered contraband. 6. I have heard learned counsel for the rival parties and perused the available record. 7. Further, grant of anticipatory bail in a case under NDPS Act, 1985; in a judgment 11184-2026 3 satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” Learned counsel for the petitioner submits that in compliance the order dated 26.02.2026 passed by this Court, the petitioner has joined the investigation. He has further argued that there is no connection between the petitioner and the co-accused and that implicated only on the basis of the disclosure statement Learned counsel for the State, on instructions the petitioner has joined the investigation in terms of interim order/pr earlier afforded to the petitioner and is no longer required for further . He has however submitted that since the FIR in question is under the NDPS Act of 1985, the petitioner ought not to be extended the concession of anticipatory bail. On a specific query put by this Court to the learned State counsel as to whether, apart from the disclosure statement, any material has been found during investigation to connect the petitioner with the recovered contraband, to which learned State counsel submitted that no material other than disclosure statement has been found to connect the petitioner with either the offence or the recovered contraband. I have heard learned counsel for the rival parties and perused the cord. Further, the Hon'ble Supreme Court while dealing with a plea for grant of anticipatory bail in a case under NDPS Act, 1985; in a judgment satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner submits that in compliance passed by this Court, the petitioner has joined e has further argued that there is no connection between that the petitioner is sought to be disclosure statement of the co-accused. on instructions has submitted that in terms of interim order/protection and is no longer required for further custodial submitted that since the FIR in question is under the NDPS Act of 1985, the petitioner ought not to be extended the On a specific query put by this Court to the learned State counsel as to whether, apart from the disclosure statement, any material has been found during investigation to connect the petitioner with the recovered rned State counsel submitted that no material other than disclosure statement has been found to connect the petitioner with either I have heard learned counsel for the rival parties and perused the he Hon'ble Supreme Court while dealing with a plea for grant of anticipatory bail in a case under NDPS Act, 1985; in a judgment satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner submits that in compliance passed by this Court, the petitioner has joined e has further argued that there is no connection between the petitioner is sought to be has submitted that otection custodial submitted that since the FIR in question is under the NDPS Act of 1985, the petitioner ought not to be extended the On a specific query put by this Court to the learned State counsel as to whether, apart from the disclosure statement, any material has been found during investigation to connect the petitioner with the recovered rned State counsel submitted that no material other than disclosure statement has been found to connect the petitioner with either I have heard learned counsel for the rival parties and perused the he Hon'ble Supreme Court while dealing with a plea for grant of anticipatory bail in a case under NDPS Act, 1985; in a judgment GURPREET 2026.03.16 09:00 I attest to the accuracy and authenticity of this document. CRM-M-11184 titled as ‘Vijay Singh vs. The State of Haryana, bearing Special Leave to Appeal (Crl.) No.(s)1266/2023 "The petitioner is alleged to have committed offences under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the NDPS Act". His application for anticipatory bail was rejected by the High Court. The allegati Kg of Poppy Straw (Doda Post) was recovered from the co The petitioner concededly was not present at the spot but was named by the co-accused. That apart there is no other material to implicate the petitioner. The prose commission of offence under the NDPS Act are pending against the petitioner. It is not denied that in those proceedings he was granted bail. Having regard to these circumstances, the petitioner is directed the enlarged on anticipatory bail, subject to such terms and conditions as the trial Court may impose. The petition is allowed. All pending applications are disposed of." 8. In the present case also, t solely on the basis of say there is no other material available to connect the petitioner with the recovered contraband. The veracity of the disclosure statement made by the co-accused will be subject to comprehe trial and the same cannot anticipatory bail to the petitioner investigation in terms of interim 9. In view of the above, order dated 26 shall continue to join investigation as and when 11184-2026 4 ‘Vijay Singh vs. The State of Haryana, bearing Special Leave to Appeal (Crl.) No.(s)1266/2023 decided on 17.05.2023’ "The petitioner is alleged to have committed offences under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the NDPS Act". His application for anticipatory bail was rejected by the High Court. The allegati Kg of Poppy Straw (Doda Post) was recovered from the co The petitioner concededly was not present at the spot but was named by accused. That apart there is no other material to implicate the petitioner. The prosecution urges that another case with allegations of commission of offence under the NDPS Act are pending against the petitioner. It is not denied that in those proceedings he was granted bail. Having regard to these circumstances, the petitioner is directed the enlarged on anticipatory bail, subject to such terms and conditions as the trial Court may impose. The petition is allowed. All pending applications are disposed of." In the present case also, the petitioner is sought to be arrayed he basis of the disclosure statement of the co say there is no other material available to connect the petitioner with the recovered contraband. The veracity of the disclosure statement made by the accused will be subject to comprehensive scrutiny during the course of the same cannot by itself be a ground to decline the concession of anticipatory bail to the petitioner, especially when he has joined the investigation in terms of interim order/protection granted by this C In view of the above, the petition is allowed and 26.02.2026 passed by this Court is made absolute. The petitioner shall continue to join investigation as and when ‘Vijay Singh vs. The State of Haryana, bearing Special Leave to decided on 17.05.2023’ has held as under: "The petitioner is alleged to have committed offences under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the NDPS Act". His application for anticipatory bail was rejected by the High Court. The allegations in the FIR are that 1.7 Kg of Poppy Straw (Doda Post) was recovered from the co-accused. The petitioner concededly was not present at the spot but was named by accused. That apart there is no other material to implicate the cution urges that another case with allegations of commission of offence under the NDPS Act are pending against the petitioner. It is not denied that in those proceedings he was granted bail. Having regard to these circumstances, the petitioner is directed to the enlarged on anticipatory bail, subject to such terms and conditions as the trial Court may impose. The petition is allowed. All pending he petitioner is sought to be arrayed disclosure statement of the co-accused. Suffice to say there is no other material available to connect the petitioner with the recovered contraband. The veracity of the disclosure statement made by the nsive scrutiny during the course of the be a ground to decline the concession of especially when he has joined the protection granted by this Court. the petition is allowed and the interim is made absolute. The petitioner shall continue to join investigation as and when required by the Investigating ‘Vijay Singh vs. The State of Haryana, bearing Special Leave to "The petitioner is alleged to have committed offences under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the NDPS Act". His application for anticipatory bail ons in the FIR are that 1.7 accused. The petitioner concededly was not present at the spot but was named by accused. That apart there is no other material to implicate the cution urges that another case with allegations of commission of offence under the NDPS Act are pending against the petitioner. It is not denied that in those proceedings he was granted to the enlarged on anticipatory bail, subject to such terms and conditions as the trial Court may impose. The petition is allowed. All pending he petitioner is sought to be arrayed accused. Suffice to say there is no other material available to connect the petitioner with the recovered contraband. The veracity of the disclosure statement made by the nsive scrutiny during the course of the be a ground to decline the concession of especially when he has joined the the interim is made absolute. The petitioner by the Investigating GURPREET 2026.03.16 09:00 I attest to the accuracy and authenticity of this document. CRM-M-11184 Officer and shall also 482(2) of the BNSS. 10. Needless to say anything observed herein above shall not be construed to be an opinion on the merits of the case. 11.03.2026 Gurpreet 11184-2026 5 Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. Needless to say anything observed herein above shall not be construed to be an opinion on the merits of the case. i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No abide by the conditions as provided under Section Needless to say anything observed herein above shall not be construed to be an opinion on the merits of the case. (RUPINDERJIT CHAHAL) JUDGE Whether speaking/reasoned? Yes/No abide by the conditions as provided under Section Needless to say anything observed herein above shall not be (RUPINDERJIT CHAHAL) GURPREET 2026.03.16 09:00 I attest to the accuracy and authenticity of this document.