CRM-M-11609 IN THE HIGH COURT OF PUNJAB & HARYANA 217 JAGSIR SINGH @ SEERA STATE OF HARYANA CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- M for the petitioner. Mr. Mohit Chaudhary, AAG, Haryana. 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 him, under Sections 21 Dabwali, District Dabwali, has filed the petition for grant of pre under Section 482 of BNSS 2. On ordinate bench of this Court 30.01.2026 registered against him, under Sections 21 the NDPS Act at Police Station City Mandi Dabwali, District Dabwali, has filed the petition for grant of pre Section 482 of BNSS. 11609-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: JAGSIR SINGH @ SEERA Versus STATE OF HARYANA HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Vishal Sharda, Advocate for the petitioner. Mr. Mohit Chaudhary, AAG, Haryana. ***** 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.30 dated 30.01.2026 registered against him, under Sections 21-B/61/85 the NDPS Act at Police Station City Mandi Dabwali, District Dabwali, has filed the petition for grant of pre under Section 482 of BNSS. On 10.03.2026, the following order ordinate bench of this Court: - “Petitioner, an accused 30.01.2026 registered against him, under Sections 21 the NDPS Act at Police Station City Mandi Dabwali, District Dabwali, has filed the petition for grant of pre Section 482 of BNSS. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-11609-2026 Date of decision: 21.04.2026 ….Petitioner ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Mohit Chaudhary, AAG, Haryana. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner FIR No.30 dated 30.01.2026 registered against Act at Police Station City Mandi Dabwali, District Dabwali, has filed the petition for grant of pre-arrest bail following order was passed by the co- Petitioner, an accused in case FIR No.30 dated 30.01.2026 registered against him, under Sections 21-B/61/85 the NDPS Act at Police Station City Mandi Dabwali, District Dabwali, has filed the petition for grant of pre-arrest bail 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.30 dated 30.01.2026 registered against Act at Police Station City Mandi arrest bail - in case FIR No.30 dated B/61/85 the NDPS Act at Police Station City Mandi Dabwali, District arrest bail under GURPREET 2026.04.22 13:51 I attest to the accuracy and authenticity of this document. CRM-M-11609 has been falsely implicated in the present case. His name was nominated on the basis of the disclosure statement of co Jasmail Kaur, who was allegedly caught red handed at the site keeping in her illegal possess (intermediate quantity). Learned counsel further contends that said disclosure statement, in the absence of recovery of any other incriminating material, is not admissible in evidence. Learned counsel fairly admits that th criminal cases. behalf of the State. He seeks time to file the status report. the petitioner, but without expressing any opinion on the merits of the case, the petitioner is hereby directed to join investigation within seven days from today and co event of the arrest of the petition interim bail on his furnishing personal/surety bonds to th satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 482(2) BNSS. 3. Learned counsel for the petitioner submits that in compliance with the order dated Court, the petitioner has joined the investigation. there is no connection between the petition petitioner is sought to be implicated only on the basis of statement of the co 11609-2026 2 Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. His name was nominated on the basis of the disclosure statement of co Jasmail Kaur, who was allegedly caught red handed at the site keeping in her illegal possession 07 gram 05 milligram 'heroin' (intermediate quantity). Learned counsel further contends that said disclosure statement, in the absence of recovery of any other incriminating material, is not admissible in evidence. Learned counsel fairly admits that the petitioner is involved in three other criminal cases. Heard. Documents on record perused. Notice of motion. Mr. Sunny Namdev, AAG, Haryana accepts notice on behalf of the State. He seeks time to file the status report. In view of the submission advanced the petitioner, but without expressing any opinion on the merits of the case, the petitioner is hereby directed to join investigation within seven days from today and co event of the arrest of the petition interim bail on his furnishing personal/surety bonds to th satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 482(2) BNSS. Adjourned to 09.04.2026.” Learned counsel for the petitioner submits that in compliance the order dated 10.03.2026 passed by Court, the petitioner has joined the investigation. there is no connection between the petitioner and petitioner is sought to be implicated only on the basis of of the co-accused. e petitioner submits that petitioner has been falsely implicated in the present case. His name was nominated on the basis of the disclosure statement of co-accused Jasmail Kaur, who was allegedly caught red handed at the site ion 07 gram 05 milligram 'heroin' (intermediate quantity). Learned counsel further contends that said disclosure statement, in the absence of recovery of any other incriminating material, is not admissible in evidence. Learned e petitioner is involved in three other Heard. Documents on record perused. Mr. Sunny Namdev, AAG, Haryana accepts notice on behalf of the State. He seeks time to file the status report. In view of the submission advanced by learned counsel for the petitioner, but without expressing any opinion on the merits of the case, the petitioner is hereby directed to join investigation within seven days from today and co-operate in the same. In the event of the arrest of the petitioner, he shall be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 482(2) ” Learned counsel for the petitioner submits that in compliance passed by the co-ordinate bench of this Court, the petitioner has joined the investigation. He has further argued that er and the co-accused and that the petitioner is sought to be implicated only on the basis of the disclosure e petitioner submits that petitioner has been falsely implicated in the present case. His name was accused Jasmail Kaur, who was allegedly caught red handed at the site ion 07 gram 05 milligram 'heroin' (intermediate quantity). Learned counsel further contends that said disclosure statement, in the absence of recovery of any other incriminating material, is not admissible in evidence. Learned e petitioner is involved in three other Mr. Sunny Namdev, AAG, Haryana accepts notice on by learned counsel for the petitioner, but without expressing any opinion on the merits of the case, the petitioner is hereby directed to join investigation operate in the same. In the er, he shall be released on e satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 482(2) Learned counsel for the petitioner submits that in compliance this e has further argued that the disclosure GURPREET 2026.04.22 13:51 I attest to the accuracy and authenticity of this document. CRM-M-11609 4. Learned counsel for the State, Sukhdarshan Singh) investigation petitioner and is no longer required for further however submitted that since the FIR in question is 1985, the petitioner ought not to be extended the concession of anticipatory bail. 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 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 contr 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 titled as ‘Vijay 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 Substanc 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 concededly was not accused. That apart there is no other material to implicate the 11609-2026 3 Learned counsel for the State, Sukhdarshan Singh) has submitted that the petitioner has joined the investigation in terms of interim order/protection earlier afforded to the and is no longer required for further submitted that since the FIR in question is 1985, the petitioner ought not to be extended the concession of anticipatory 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 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 available record. 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 ‘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 allegations in the FIR are that 1.7 Kg of Poppy Straw (Doda Post) was recovered from the co concededly was not present at the spot but was named by the co accused. That apart there is no other material to implicate the Learned counsel for the State, (on instructions from ASI has submitted that the petitioner has joined the in terms of interim order/protection earlier afforded to the and is no longer required for further custodial interrogation. He has 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 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 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 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 Singh vs. The State of Haryana, bearing Special Leave to Appeal (Crl.) No.(s)1266/2023 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 es 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 present at the spot but was named by the co- accused. That apart there is no other material to implicate the (on instructions from ASI has submitted that the petitioner has joined the in terms of interim order/protection earlier afforded to the e has under the NDPS Act of 1985, the petitioner ought not to be extended the concession of anticipatory 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 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 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 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 es 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 accused. The petitioner - accused. That apart there is no other material to implicate the GURPREET 2026.04.22 13:51 I attest to the accuracy and authenticity of this document. CRM-M-11609 petitioner. The prosecution urges that another case with allegations of commission of offence under the NDPS Act are pending against the petitioner 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 all 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 pet recovered contraband. The veracity of the disclosure statement made by the co-accused will be subject to comprehensive scrutiny during the course of the trial and the same cannot anticipatory bail to the petitioner investigation in terms of interim Bench of this Court. 9. In view of the above, order dated 10.03.2026 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 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. 21.04.2026 Gurpreet 11609-2026 4 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 to the enlarged on anticipatory bail, subject to such terms and conditions as the trial Court may impose. The petition is all applications are disposed of." In the present case also, the petitioner is sought to be arrayed solely on the basis of the disclosure statement of the co say there is no other material available to connect the pet 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 ory bail to the petitioner, especially when he has joined the investigation in terms of interim order/protection granted by Court. In view of the above, the petition is allowed and 10.03.2026 passed by the co-ordinate bench of this Court absolute. The petitioner shall continue to join investigation as and when by the Investigating 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 petitioner. The prosecution urges that another case with allegations of commission of offence under the NDPS Act are . 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 accused will be subject to comprehensive scrutiny during the course of the be a ground to decline the concession of especially when he has joined the protection granted by the Co-ordinate the petition is allowed and the interim ordinate bench of this Court is made absolute. The petitioner shall continue to join investigation as and when by the Investigating Officer and shall also abide by the conditions as Needless to say 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 petitioner. The prosecution urges that another case with allegations of commission of offence under the NDPS Act are . 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 owed. All pending he petitioner is sought to be arrayed accused. Suffice to itioner 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 be a ground to decline the concession of especially when he has joined the ordinate the interim is made absolute. The petitioner shall continue to join investigation as and when by the Investigating Officer and shall also abide by the conditions as Needless to say 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.