CRM-M-6216 IN THE HIGH COURT OF PUNJAB AND HARYANAAT 208 YADWINDER SINGH STATE OF CORAM: HON'BLE MR. JUSTICE Present : SURYA P petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed with regard to a case arising out of FIR No. dated 25.08.2025 15(c), 27A of being referred to as ‘NDPS Act’ 2. Prem Chand team of police officials, deputed for patrolling duty and crime investigation, 6216-2026 (O&M) 8587 IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH CRM DATE OF DECISION YADWINDER SINGH VERSUS STATE OF HARYANA CORAM: HON'BLE MR. JUSTICE SURYA P Mr. Mitul Singh Rana, Advocate for the petitioner. Ms. Deepali Verma, Asst. A.G. Haryana SURYA PARTAP SINGH, J. (oral) This petition for pre-arrest bail is petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed with regard to a case arising out of FIR No. 25.08.2025, for the commission of of 15(c), 27A of Narcotic Drugs and Psychotropic Substances Act, hereinafter being referred to as ‘NDPS Act’, and Sections 318(4), 341(2) of ion City Pehowa, District Kurukshetra. The abovementioned FIR came into being Prem Chand’, who had reported that on 25.08.2025, team of police officials, deputed for patrolling duty and crime investigation, 1 IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH CRM-M-6216-2026 (O&M) DATE OF DECISION : 22.04.2026 .....PETITIONER VERSUS .....RESPONDENT SURYA PARTAP SINGH Advocate for the petitioner. Ms. Deepali Verma, Asst. A.G. Haryana. arrest bail is the first petition, filed by the petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed with regard to a case arising out of FIR No.183 , for the commission of offence punishable under Section Narcotic Drugs and Psychotropic Substances Act, hereinafter , and Sections 318(4), 341(2) of ion City Pehowa, District Kurukshetra. FIR came into being at the instance of ‘ who had reported that on 25.08.2025, when he was leading a team of police officials, deputed for patrolling duty and crime investigation, .2026 .....PETITIONER .....RESPONDENT filed by the petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 183 fence punishable under Sections Narcotic Drugs and Psychotropic Substances Act, hereinafter instance of ‘SI when he was leading a team of police officials, deputed for patrolling duty and crime investigation, GAURAV THAKUR 2026.04.22 18:53 I attest to the accuracy and integrity of this document CRM-M-6216 he received a secret information at about 10:30 am that ‘Bachittar Singh’ and ‘Yadvinder Fortuner car quantity of poppy husk. abovementioned information a barricade was Post’, where named police officer, same, he, abovementioned car was chased. 3. the congested market of Pehowa, when the car got stuck in traffic, occupants of the car navigator side was apprehended, and the second one, i.e. the petitioner, who was driving the abovementioned car, managed to run away from the spot. 4. car was checked, it was found that in the abovementioned car, carrying 2 quintal 30 kg 560 gm of pursuant to recovery of abovementioned contraband, necessary formalities with regard t arrest of the accused were completed, and further investigation taken up. 5. learned State Counsel has orally oppose 6. 6216-2026 (O&M) 8587 he received a secret information at about 10:30 am that ‘Bachittar Singh’ and ‘Yadvinder Singh’ (the petitioner herein) Fortuner car, bearing registration No.PB11 quantity of poppy husk. According to above abovementioned information a barricade was , where the abovementioned car arrived after some time named police officer, when a signal was given to the car driver to stop the he, instead of stopping the same, fled from the spot and therefore, th abovementioned car was chased. It was further reported by the above the congested market of Pehowa, when the car got stuck in traffic, occupants of the car tried to run away from the spot, but the person sitting navigator side was apprehended, and the second one, i.e. the petitioner, who was driving the abovementioned car, managed to run away from the spot. It is the case of the prosecution that car was checked, it was found that in the abovementioned car, 2 quintal 30 kg 560 gm of poppy straw. pursuant to recovery of abovementioned contraband, necessary formalities with regard to seizure & sealing of contraband, lodging of FIR, and formal arrest of the accused were completed, and further investigation taken up. No formal reply has been filed by the State learned State Counsel has orally opposed Heard. 2 he received a secret information at about 10:30 am that ‘Bachittar Singh’ Singh’ (the petitioner herein) travelling in a white coloured bearing registration No.PB11-DK-3803, were carrying a large According to above-named police officer, in view of abovementioned information a barricade was erected near ‘Gumthala Police arrived after some time. As per above when a signal was given to the car driver to stop the instead of stopping the same, fled from the spot and therefore, th It was further reported by the above-named police officer that in the congested market of Pehowa, when the car got stuck in traffic, both the to run away from the spot, but the person sitting navigator side was apprehended, and the second one, i.e. the petitioner, who was driving the abovementioned car, managed to run away from the spot. It is the case of the prosecution that when the abovementioned car was checked, it was found that in the abovementioned car, they were poppy straw. According to prosecution pursuant to recovery of abovementioned contraband, necessary formalities o seizure & sealing of contraband, lodging of FIR, and formal arrest of the accused were completed, and further investigation taken up. o formal reply has been filed by the State. However, the present petition. he received a secret information at about 10:30 am that ‘Bachittar Singh’ travelling in a white coloured large , in view of erected near ‘Gumthala Police . As per above- when a signal was given to the car driver to stop the instead of stopping the same, fled from the spot and therefore, the named police officer that in both the to run away from the spot, but the person sitting on navigator side was apprehended, and the second one, i.e. the petitioner, who was driving the abovementioned car, managed to run away from the spot. when the abovementioned they were prosecution, pursuant to recovery of abovementioned contraband, necessary formalities o seizure & sealing of contraband, lodging of FIR, and formal the GAURAV THAKUR 2026.04.22 18:53 I attest to the accuracy and integrity of this document CRM-M-6216 7. the petitioner is innocent without any evidence. According to learned counsel for the petitioner, the car does not b said car, but merely on the basis of secret information, he is being to harassment by the Investigating Officer. 8. abovementioned arguments. According to learned State Counsel, present case was driving the abovementioned car, and that kg 560 gm poppy straw was recovered. It has also been contended by learned State Counsel that from the abovementioned car. contraband, recovered in this case, comes within the ambit of ‘commercial quantity’, and therefore, unless the twin conditions enshrined under Section 37 of NDPS Act are satisfied, the benefit of accorded to the petitioner. 9. 10. dispute qua the fact that the recovery had taken place There are allegations and that he that in the secret information given to the Investigating Officer 6216-2026 (O&M) 8587 It has been contended by learned counsel for the the petitioner is innocent, who is being falsely implicated in the present case, without any evidence. According to learned counsel for the petitioner, the car does not belong to the petitioner, and that , but merely on the basis of secret information, he is being to harassment by the Investigating Officer. The learned State Counsel has controverted the abovementioned arguments. According to learned State Counsel, present case there are very specific allegations against the petitioner that he was driving the abovementioned car, and that kg 560 gm poppy straw was recovered. It has also been contended by learned State Counsel that the mobile phone of the petitioner was recovered from the abovementioned car. As per learned State Counsel, the quantity of band, recovered in this case, comes within the ambit of ‘commercial quantity’, and therefore, unless the twin conditions enshrined under Section 37 of NDPS Act are satisfied, the benefit of accorded to the petitioner. The record has been perused carefully. A perusal of record shows that in the present case, there is no dispute qua the fact that the recovery of 2 quintal 30 kg 560 gm poppy straw had taken place, from the vehicle bearing registration No.PB11 There are allegations that the petitioner was driving the abovementioned car, and that he had managed to run away from the spot. The police report shows the secret information given to the Investigating Officer 3 by learned counsel for the petitioner that , who is being falsely implicated in the present case, without any evidence. According to learned counsel for the petitioner, the elong to the petitioner, and that he was not travelling in the , but merely on the basis of secret information, he is being subjected to harassment by the Investigating Officer. The learned State Counsel has controverted the abovementioned arguments. According to learned State Counsel, in the there are very specific allegations against the petitioner that he was driving the abovementioned car, and that from the said car, 2 quintal 30 kg 560 gm poppy straw was recovered. It has also been contended by the mobile phone of the petitioner was recovered As per learned State Counsel, the quantity of band, recovered in this case, comes within the ambit of ‘commercial quantity’, and therefore, unless the twin conditions enshrined under Section 37 of NDPS Act are satisfied, the benefit of anticipatory bail should not e record has been perused carefully. record shows that in the present case, there is no of 2 quintal 30 kg 560 gm poppy straw from the vehicle bearing registration No.PB11-DK-3803 that the petitioner was driving the abovementioned car, from the spot. The police report shows the secret information given to the Investigating Officer, the name of petitioner that , who is being falsely implicated in the present case, without any evidence. According to learned counsel for the petitioner, the in the subjected The learned State Counsel has controverted the in the there are very specific allegations against the petitioner that he from the said car, 2 quintal 30 kg 560 gm poppy straw was recovered. It has also been contended by the mobile phone of the petitioner was recovered As per learned State Counsel, the quantity of band, recovered in this case, comes within the ambit of ‘commercial quantity’, and therefore, unless the twin conditions enshrined under Section- should not be record shows that in the present case, there is no of 2 quintal 30 kg 560 gm poppy straw 3803. that the petitioner was driving the abovementioned car, from the spot. The police report shows the name of GAURAV THAKUR 2026.04.22 18:53 I attest to the accuracy and integrity of this document CRM-M-6216 the petitioner was duly the abovementioned car. 11. settled principles of law that the Court must be circumspect exercising power for grant of anticipatory bai as a matter of rule. Rather as per law the abovesaid benefit should be granted only when the Court is convinced that exceptional circumstances exist for the extraordinary remedy. 12. India in the case of Srikant Upadhyay v. State of Bihar 2024 SCC OnLine SC 282, has observed that power to grant anticipatory bail is extraordinary power, and that irrespective of the fact that in a number of cases, it has been held that bail is a rule, it cannot; by any stretch of imagination, be said that anticipatory bail is a rule. 13. case has further observed that rule of anticipatory bail is a question of judicial discretio According to Hon'ble Apex Court, when called upon to exercise the abovesaid power the Court concerned has to be very cautious, as the grant of interim protection to the accused in serious cases may justice and may hamper the investigation. 14. Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Leave 6216-2026 (O&M) 8587 the petitioner was duly mentioned and his mobile phone was recovered the abovementioned car. As far as the benefit of anticipatory bail is concerned, it is settled principles of law that the Court must be circumspect exercising power for grant of anticipatory bai as a matter of rule. Rather as per law the abovesaid benefit should be granted only when the Court is convinced that exceptional circumstances exist for the extraordinary remedy. With regard to such situation, the Hon'b India in the case of Srikant Upadhyay v. State of Bihar 2024 SCC OnLine SC 282, has observed that power to grant anticipatory bail is extraordinary power, and that irrespective of the fact that in a number of cases, it has been t bail is a rule, it cannot; by any stretch of imagination, be said that anticipatory bail is a rule. The Hon'ble Supreme Court of India in the abovementioned case has further observed that rule of anticipatory bail is a question of judicial discretion depending upon the facts and circumstances of each case. According to Hon'ble Apex Court, when called upon to exercise the abovesaid power the Court concerned has to be very cautious, as the grant of interim protection to the accused in serious cases may justice and may hamper the investigation. Similarly, in the case of Nikita Jagganath Shetty alias Nikita Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Leave 4 mentioned and his mobile phone was recovered from As far as the benefit of anticipatory bail is concerned, it is settled principles of law that the Court must be circumspect, while exercising power for grant of anticipatory bail and it should not be granted as a matter of rule. Rather as per law the abovesaid benefit should be granted only when the Court is convinced that exceptional circumstances exist for With regard to such situation, the Hon'ble Supreme Court of India in the case of Srikant Upadhyay v. State of Bihar 2024 SCC OnLine SC 282, has observed that power to grant anticipatory bail is extraordinary power, and that irrespective of the fact that in a number of cases, it has been t bail is a rule, it cannot; by any stretch of imagination, be said that The Hon'ble Supreme Court of India in the abovementioned case has further observed that rule of anticipatory bail is a question of n depending upon the facts and circumstances of each case. According to Hon'ble Apex Court, when called upon to exercise the abovesaid power the Court concerned has to be very cautious, as the grant of interim protection to the accused in serious cases may lead to miscarriage of justice and may hamper the investigation. Similarly, in the case of Nikita Jagganath Shetty alias Nikita Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Leave from As far as the benefit of anticipatory bail is concerned, it is while l and it should not be granted as a matter of rule. Rather as per law the abovesaid benefit should be granted only when the Court is convinced that exceptional circumstances exist for le Supreme Court of India in the case of Srikant Upadhyay v. State of Bihar 2024 SCC OnLine SC 282, has observed that power to grant anticipatory bail is extraordinary power, and that irrespective of the fact that in a number of cases, it has been t bail is a rule, it cannot; by any stretch of imagination, be said that The Hon'ble Supreme Court of India in the abovementioned case has further observed that rule of anticipatory bail is a question of n depending upon the facts and circumstances of each case. According to Hon'ble Apex Court, when called upon to exercise the abovesaid power the Court concerned has to be very cautious, as the grant of lead to miscarriage of Similarly, in the case of Nikita Jagganath Shetty alias Nikita Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Leave GAURAV THAKUR 2026.04.22 18:53 I attest to the accuracy and integrity of this document CRM-M-6216 Petition (Criminal) No. 10255 of 2024, decided on Supreme Court of India has held that anticipatory bail is an exceptional remedy and it ought not be granted in a routine manner. As per the Hon'ble Supreme Court, there must exist strong reasons for extending indulgence of this extraordinary remedy to a person accused of grave offence. 15. 1980 SCC (2) 565, the Hon'ble Supreme Court of India held that: 16. custodial interrogation of the present case, if such right is den likely to result into miscarriage of justice, as the investigation proper headway requisite evid 6216-2026 (O&M) 8587 Petition (Criminal) No. 10255 of 2024, decided on Supreme Court of India has held that anticipatory bail is an exceptional remedy and it ought not be granted in a routine manner. As per the Hon'ble Supreme Court, there must exist strong reasons for extending indulgence of traordinary remedy to a person accused of grave offence. In the case of Gurbaksh Singh Sibbia etc. v. State of Punjab 1980 SCC (2) 565, the Hon'ble Supreme Court of India held that: (i) The power under Section 438, Criminal Procedure Code, is of an extraordinary character and must be exercised sparingly in exceptional cases only. (ii) In addition to the limitations mentioned in Section 437, the petitioner must make out a special case for the exercise of the power to grant anticipatory bail. (iii) Where a legitimate case for the remand of the offender to the police custody under Section 167(2) can be made out by the investigating agency or a reasonable claim to secure incriminating material from information likely to be received from the offender under Section 27 of the Evidence Act can be made out, the power under Section 438 should not be exercised. It shall not be out of place to mention here that right of custodial interrogation of the Investigating Agency is a valuable right the present case, if such right is denied to the Investigating Agency likely to result into miscarriage of justice, as the investigation proper headway and the Investigating Agency requisite evidence. In view of abovementioned fact situation, in order to fix 5 Petition (Criminal) No. 10255 of 2024, decided on 21.07.2024), the Hon'ble Supreme Court of India has held that anticipatory bail is an exceptional remedy and it ought not be granted in a routine manner. As per the Hon'ble Supreme Court, there must exist strong reasons for extending indulgence of traordinary remedy to a person accused of grave offence. In the case of Gurbaksh Singh Sibbia etc. v. State of Punjab 1980 SCC (2) 565, the Hon'ble Supreme Court of India held that:- The power under Section 438, Criminal Procedure Code, is of extraordinary character and must be exercised sparingly in In addition to the limitations mentioned in Section 437, the petitioner must make out a special case for the exercise of the power to grant anticipatory bail. here a legitimate case for the remand of the offender to the police custody under Section 167(2) can be made out by the investigating agency or a reasonable claim to secure incriminating material from information likely to be received er Section 27 of the Evidence Act can be made out, the power under Section 438 should not be It shall not be out of place to mention here that right of ting Agency is a valuable right, and in ied to the Investigating Agency, it is likely to result into miscarriage of justice, as the investigation may not take a and the Investigating Agency may not be able to collect the In view of abovementioned fact situation, in order to fix 21.07.2024), the Hon'ble Supreme Court of India has held that anticipatory bail is an exceptional remedy and it ought not be granted in a routine manner. As per the Hon'ble Supreme Court, there must exist strong reasons for extending indulgence of In the case of Gurbaksh Singh Sibbia etc. v. State of Punjab The power under Section 438, Criminal Procedure Code, is of extraordinary character and must be exercised sparingly in In addition to the limitations mentioned in Section 437, the petitioner must make out a special case for the exercise of the here a legitimate case for the remand of the offender to the police custody under Section 167(2) can be made out by the investigating agency or a reasonable claim to secure incriminating material from information likely to be received er Section 27 of the Evidence Act can be made out, the power under Section 438 should not be It shall not be out of place to mention here that right of and in it is may not take a may not be able to collect the In view of abovementioned fact situation, in order to fix GAURAV THAKUR 2026.04.22 18:53 I attest to the accuracy and integrity of this document CRM-M-6216 the role of the petitioner in the commission of offence, his custodial interrogation is necessary. 17. comes within the satisfying the twin conditions enshrined under Section benefit of bail cannot be accorded to the petitioner. record to show that the petitioner qualifies under Section 18. above-discussed circumstance jurisdiction hereby held Accordingly, the same is 19. shall not be construed as an expression of opinion on the merits of the case. 20. application 22.04.2026 Gaurav Thakur Whether speaking/reasoned Whether reportable 6216-2026 (O&M) 8587 the role of the petitioner in the commission of offence, his custodial interrogation is necessary. Otherwise also, in the present case, the recovery of contraband comes within the ambit of ‘commercial quantity’, and therefore, without satisfying the twin conditions enshrined under Section benefit of bail cannot be accorded to the petitioner. to show that the petitioner qualifies under Section-37 of NDPS Act. If the fact-situation of instant case discussed principles of law, it transpires that circumstance exists in this case, which may call for the jurisdiction, vested in this Court, for grant of anticipatory bail. hereby held that the present petition is devoid of merits Accordingly, the same is hereby dismissed It is, however, clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. Since the main petition has been dismissed, pending applications, if any, are rendered infructuous. .2026 (SURYA PA Whether speaking/reasoned :Yes/No Whether reportable : Yes/No 6 the role of the petitioner in the commission of offence, his custodial Otherwise also, in the present case, the recovery of contraband of ‘commercial quantity’, and therefore, without satisfying the twin conditions enshrined under Section-37 of NDPS, the benefit of bail cannot be accorded to the petitioner. There is nothing on to show that the petitioner qualifies any of the conditions enshrined situation of instant case is analyzed in the light of , it transpires that no such extra-ordinary in this case, which may call for the exercise of for grant of anticipatory bail. Thus, it is is devoid of merits deserves dismissal dismissed. It is, however, clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. Since the main petition has been dismissed, pending rendered infructuous. SURYA PARTAP SINGH) JUDGE :Yes/No : Yes/No the role of the petitioner in the commission of offence, his custodial Otherwise also, in the present case, the recovery of contraband of ‘commercial quantity’, and therefore, without 37 of NDPS, the There is nothing on ions enshrined is analyzed in the light of ordinary se of the it is dismissal. It is, however, clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. Since the main petition has been dismissed, pending GAURAV THAKUR 2026.04.22 18:53 I attest to the accuracy and integrity of this document