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High Court of Punjab and Haryana · body

2023 DAILYLAW 4047 (PNJ)

MANJIT KAUR v. STATE OF PUNJAB

CRM-M/15974/2026 · 2026-04-21

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-15974 IN THE HIGH COURT OF PUNJAB & HARYANA 224 MANJIT KAUR STATE OF PUNJAB CORAM:- HON'BLE MS. Present:- M Mr. Arunjeet Singh Kakkar, for the petitioner. Ms. Amrit Kaur Mahir, AAG, 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 Sections 21(a), 61, 85 of the Narcotic Drugs Act, 1985 (Section 21(b) of the NDPS Act added later on vide G.D. No.12 dated 04.07.2025 and Section 27 No. 12 dated 28.09.2025) at Police Station City Faridkot, District Faridkot (Annexure P-1) 2. On 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.87 dated 12.03.2025 registered under 15974-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: MANJIT KAUR Versus PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Mohit Kakkar, Advocate for Mr. Arunjeet Singh Kakkar, Advocate for the petitioner. Ms. Amrit Kaur Mahir, AAG, 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.87 dated 12.03.2025 registered under Sections 21(a), 61, 85 of the Narcotic Drugs Act, 1985 (Section 21(b) of the NDPS Act added later on vide G.D. No.12 dated 04.07.2025 and Section 27-A of the NDPS Act added later on vide G.D. No. 12 dated 28.09.2025) at Police Station City Faridkot, District Faridkot 1). On 06.04.2026, 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.87 dated 12.03.2025 registered under IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-15974-2026 Date of decision: 21.04.2026 ….Petitioner ....Respondent JUSTICE RUPINDERJIT CHAHAL Advocate Ms. Amrit Kaur Mahir, AAG, Punjab. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner FIR No.87 dated 12.03.2025 registered under Sections 21(a), 61, 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Section 21(b) of the NDPS Act added later on vide G.D. No.12 A of the NDPS Act added later on vide G.D. No. 12 dated 28.09.2025) at Police Station City Faridkot, District Faridkot 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.87 dated 12.03.2025 registered under ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner FIR No.87 dated 12.03.2025 registered under and Psychotropic Substances Act, 1985 (Section 21(b) of the NDPS Act added later on vide G.D. No.12 A of the NDPS Act added later on vide G.D. No. 12 dated 28.09.2025) at Police Station City Faridkot, District Faridkot 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.87 dated 12.03.2025 registered under GURPREET 2026.04.22 13:51 I attest to the accuracy and authenticity of this document. CRM-M-15974 Sections 21(a), 61, 85 of the Narcotic Drugs and Psychotropic Substances Act, 1 on vide G.D. No.12 dated 04.07.2025 and Section 27 NDPS Act added later on vide G.D. No. 12 dated 28.09.2025) at Police Station City Faridkot, District Faridkot (Annexure P 12.03.2025, police party was on a patrolling duty and on the basis of suspicion confronted a youth who managed to flee and entered into a house. The youth later managed to flee. On checking of the house, the police party appreh petitioner who was found in conscious possession of 09 grams 06 mg of Heroin and 60,000/ petitioner has been falsely implicated in the present case. He furt incident. No recovery is to be effected from the petitioner. He submits that the petitioner was granted regular bail by the trial Court vide order dated 09.04.2025. He has further submitted that later on Section 21(b) and 27 present FIR. Hence, the petitioner again filed for anticipatory bail, which was dismissed by the learned trial Court vide order dated 27.02.2026. Learned counsel for the petitioner further subm investigation as and when called upon to do so by the investigating agency. status report in the matter and while referring to the status report submitting that the allegations. levelled against the petitioners are serious in nature. investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with 15974-2026 2 Sections 21(a), 61, 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Section 21(b) of the NDPS Act added later on vide G.D. No.12 dated 04.07.2025 and Section 27 NDPS Act added later on vide G.D. No. 12 dated 28.09.2025) at Police Station City Faridkot, District Faridkot (Annexure P Brief facts as per the prosecution case are that on 12.03.2025, police party was on a patrolling duty and on the basis of suspicion confronted a youth who managed to flee and entered into a house. The youth later managed to flee. On checking of the house, the police party appreh petitioner who was found in conscious possession of 09 grams 06 mg of Heroin and 60,000/- drug money. Hence, the present FIR. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He further contends that the petitioner has no concern with the said incident. No recovery is to be effected from the petitioner. He submits that the petitioner was granted regular bail by the trial Court vide order dated 09.04.2025. He has further submitted that later on Section 21(b) and 27-A of NDPS Act were added in present FIR. Hence, the petitioner again filed for anticipatory bail, which was dismissed by the learned trial Court vide order dated 27.02.2026. 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 investigating agency. On the other hand, learned State counsel has filed the status report in the matter and while referring to the status report, has opposed the prayer for grant of anticipatory bail, by submitting that the allegations. levelled against the petitioners are serious in nature. Adjourned to 21.04.2026 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 Sections 21(a), 61, 85 of the Narcotic Drugs and Psychotropic 985 (Section 21(b) of the NDPS Act added later on vide G.D. No.12 dated 04.07.2025 and Section 27-A of the NDPS Act added later on vide G.D. No. 12 dated 28.09.2025) at Police Station City Faridkot, District Faridkot (Annexure P-1). prosecution case are that on 12.03.2025, police party was on a patrolling duty and on the basis of suspicion confronted a youth who managed to flee and entered into a house. The youth later managed to flee. On checking of the house, the police party apprehended the petitioner who was found in conscious possession of 09 grams 06 drug money. Hence, the present FIR. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He her contends that the petitioner has no concern with the said incident. No recovery is to be effected from the petitioner. He submits that the petitioner was granted regular bail by the trial Court vide order dated 09.04.2025. He has further submitted that A of NDPS Act were added in the present FIR. Hence, the petitioner again filed for anticipatory bail, which was dismissed by the learned trial Court vide order dated 27.02.2026. Learned counsel for the petitioner further its that the petitioner is ready and willing to join the investigation as and when called upon to do so by the On the other hand, learned State counsel has filed the status report in the matter and while referring to the status , has opposed the prayer for grant of anticipatory bail, by submitting that the allegations. levelled against the petitioners 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 Sections 21(a), 61, 85 of the Narcotic Drugs and Psychotropic 985 (Section 21(b) of the NDPS Act added later A of the NDPS Act added later on vide G.D. No. 12 dated 28.09.2025) at prosecution case are that on 12.03.2025, police party was on a patrolling duty and on the basis of suspicion confronted a youth who managed to flee and entered into a house. The youth later managed to flee. On ended the petitioner who was found in conscious possession of 09 grams 06 Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He her contends that the petitioner has no concern with the said incident. No recovery is to be effected from the petitioner. He submits that the petitioner was granted regular bail by the trial Court vide order dated 09.04.2025. He has further submitted that the present FIR. Hence, the petitioner again filed for anticipatory bail, which was dismissed by the learned trial Court vide order dated 27.02.2026. Learned counsel for the petitioner further its that the petitioner is ready and willing to join the investigation as and when called upon to do so by the On the other hand, learned State counsel has filed the status report in the matter and while referring to the status , has opposed the prayer for grant of anticipatory bail, by submitting that the allegations. levelled against the petitioners 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 GURPREET 2026.04.22 13:51 I attest to the accuracy and authenticity of this document. CRM-M-15974 the Investigating Agency. In the event of arrest, she shall be admitted to inte 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. 4. Learned counsel for the State, Singh, has submitted that of interim order/protection earlier afforded to the petitioner required for further since the FIR in question is under the NDPS Act not to be extended the concession of anticipatory bail. 5. I have heard learned counsel for the rival parties and perused the available record. 6. In view of the above, order dated 06.04.2026 shall continue to join investigation as and when Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. 7. Needless to sa construed to be an opinion on the merits of the case. 21.04.2026 Gurpreet 15974-2026 3 the Investigating Agency. In the event of arrest, she shall be admitted to interim bail on furnishing of bail/surety bonds to the 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 06.04.2026 passed by this Court, the petitioner has joined the investigation. Learned counsel for the State, on instructions from SI Chamkur has submitted that the petitioner has joined the investigation of interim order/protection earlier afforded to the petitioner required for further custodial interrogation. H since the FIR in question is under the NDPS Act not to be extended the concession of anticipatory bail. I have heard learned counsel for the rival parties and perused the available record. In view of the above, the petition is allowed and 06.04.2026 passed by this Court is made absolute. The petitioner shall continue to join investigation as and when 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 the Investigating Agency. In the event of arrest, she shall be rim bail on furnishing of bail/surety bonds to the 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 on instructions from SI Chamkur the petitioner has joined the investigation in terms of interim order/protection earlier afforded to the petitioner and is no longer 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. I have heard learned counsel for the rival parties and perused the the petition is allowed and the interim is made absolute. The petitioner shall continue to join investigation as and when required by the Investigating Officer and shall also abide by the conditions as provided under Section y anything observed herein above shall not be construed to be an opinion on the merits of the case. (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No the Investigating Agency. In the event of arrest, she shall be rim bail on furnishing of bail/surety bonds to the 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 on instructions from SI Chamkur in terms and is no longer submitted that of 1985, the petitioner ought I have heard learned counsel for the rival parties and perused the the interim is made absolute. The petitioner by the Investigating Officer and shall also abide by the conditions as provided under Section y anything observed herein above shall not be (RUPINDERJIT CHAHAL) GURPREET 2026.04.22 13:51 I attest to the accuracy and authenticity of this document.