CRM-M-11094 IN THE HIGH COURT OF PUNJAB & HARYANA 204 BALKAUR SINGH @ KARI STATE OF PUNJAB CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- M 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 and 29 of the NDPS Act (Section Police Station Talwandi Sabo, District Bathinda 2. On ordinate Bench 15.07.2025 registered against him, the NDPS Act (Sections 22 and 27 added later on) at Police Station Talwandi Sabo, District Bathinda, has filed the petition for grant of pre 11094-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: BALKAUR SINGH @ KARI Versus STATE OF PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. A.S. Grewal, 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.168 dated 15.07.2025 registered under Sections 21 and 29 of the NDPS Act (Section Police Station Talwandi Sabo, District Bathinda On 25.02.2026, the following order ordinate Bench of this Court: - “Petitioner, an accused in case FIR No.168 dated 15.07.2025 registered against him, the NDPS Act (Sections 22 and 27 added later on) at Police Station Talwandi Sabo, District Bathinda, has filed the petition for grant of pre-arrest bail under Section 482 of BNSS. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-11094-2026 Date of decision: 11.05.2026 ….Petitioner ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL 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.168 dated 15.07.2025 registered under Sections 21 and 29 of the NDPS Act (Sections 22 and 27 added later on) at Police Station Talwandi Sabo, District Bathinda. following order was passed by the Co- Petitioner, an accused in case FIR No.168 dated 15.07.2025 registered against him, under Sections 21 and 29 of the NDPS Act (Sections 22 and 27 added later on) at Police Station Talwandi Sabo, District Bathinda, has filed the petition arrest bail under Section 482 of BNSS. ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner FIR No.168 dated 15.07.2025 registered under s 22 and 27 added later on) at - Petitioner, an accused in case FIR No.168 dated under Sections 21 and 29 of the NDPS Act (Sections 22 and 27 added later on) at Police Station Talwandi Sabo, District Bathinda, has filed the petition GURPREET 2026.05.11 16:37 I attest to the accuracy and authenticity of this document. CRM-M-11094 has been falsely implicated in the present case only on the basis of the disclosure statement of one Jaskirat Singh @ Jassa, who himself was named on the basis of the disclosure statement of Satnam Singh @ Mintu. It was Satnam Singh, who was a caught red handed while keeping in his illegal possession 05.10 grams 'Heroin' and the petitioner was implicated as supplier of contraband. Learned counsel further contends that said disclosure statement, in the absence of recovery of any other in Nonetheless, petitioner is willing to join the investigation as and when called for by the I.O. 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 wi 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 a BNSS. 3. Learned counsel for the petitioner submits that in compliance with the order dated the petitioner has joined the investigation. no connection between the petitioner and 11094-2026 2 Learned counsel for the petitioner contends tha has been falsely implicated in the present case only on the basis of the disclosure statement of one Jaskirat Singh @ Jassa, who himself was named on the basis of the disclosure statement of Satnam Singh @ Mintu. It was Satnam Singh, who was a caught red handed while keeping in his illegal possession 05.10 grams 'Heroin' and the petitioner was implicated as supplier of contraband. Learned counsel further contends that said disclosure statement, in the absence of recovery of any other incriminating material, is not admissible in evidence. Nonetheless, petitioner is willing to join the investigation as and when called for by the I.O. Heard. Documents on record perused. Notice of motion. Mr. Gautam Thapar, Sr. DAG, Punjab 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 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) BNSS. Adjourned to 30.03.2026.” Learned counsel for the petitioner submits that in compliance the order dated 25.02.2026 passed by Co the petitioner has joined the investigation. He has further argued that there is no connection between the petitioner and Learned counsel for the petitioner contends that petitioner has been falsely implicated in the present case only on the basis of the disclosure statement of one Jaskirat Singh @ Jassa, who himself was named on the basis of the disclosure statement of Satnam Singh @ Mintu. It was Satnam Singh, who was allegedly caught red handed while keeping in his illegal possession 05.10 grams 'Heroin' and the petitioner was implicated as supplier of contraband. Learned counsel further contends that said disclosure statement, in the absence of recovery of any other criminating material, is not admissible in evidence. Nonetheless, petitioner is willing to join the investigation as and Heard. Documents on record perused. Mr. Gautam Thapar, Sr. DAG, Punjab 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 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 lso abide by conditions as envisaged under Section 482(2) ” Learned counsel for the petitioner submits that in compliance Co-ordinate Bench of this Court, e has further argued that there is no connection between the petitioner and the co-accused and that the t petitioner has been falsely implicated in the present case only on the basis of the disclosure statement of one Jaskirat Singh @ Jassa, who himself was named on the basis of the disclosure statement of llegedly caught red handed while keeping in his illegal possession 05.10 grams 'Heroin' and the petitioner was implicated as supplier of contraband. Learned counsel further contends that said disclosure statement, in the absence of recovery of any other criminating material, is not admissible in evidence. Nonetheless, petitioner is willing to join the investigation as and Mr. Gautam Thapar, Sr. DAG, Punjab accepts notice on 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 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 lso abide by conditions as envisaged under Section 482(2) Learned counsel for the petitioner submits that in compliance this Court, e has further argued that there is the GURPREET 2026.05.11 16:37 I attest to the accuracy and authenticity of this document. CRM-M-11094 petitioner is sought to be implicated only on the basis of statement of the co 4. Learned counsel for the State, Singh, has submitted that the petitioner has joined the investigation of interim order/protection earlier afforded to the petitioner required for further since the FIR in question is under the NDPS Act of 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 cou 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 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 titled as ‘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 C 11094-2026 3 petitioner is sought to be implicated only on the basis of of the co-accused. Learned counsel for the State, has submitted that the petitioner has joined the investigation of interim order/protection earlier afforded to the petitioner required for further custodial interrogation. Sh 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 cou 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 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 C petitioner is sought to be implicated only on the basis of the disclosure Learned counsel for the State, on instructions of ASI Jagsir has submitted that the petitioner has joined the investigation in terms of interim order/protection earlier afforded to the petitioner and is no longer She 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 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 ‘Vijay 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 Substances Act, 1985 (hereinafter called the NDPS Act". His application for anticipatory bail was rejected by the High Court. disclosure on instructions of ASI Jagsir in terms and is no longer submitted that since the FIR in question is under the NDPS Act of 1985, the petitioner ought nsel 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 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 ‘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 ourt. GURPREET 2026.05.11 16:37 I attest to the accuracy and authenticity of this document. CRM-M-11094 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 pet 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 peti 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 s 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 25.02.2026 made absolute. The petitioner shall continue to join investigation required by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. 11094-2026 4 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 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 allowed. All pending applications are disposed of." In the present case also, the petitioner is sought to be a solely on the 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 this Court. In view of the above, the petition is allowed and 25.02.2026 passed by the Co-ordinate Bench made absolute. The petitioner shall continue to join investigation by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. 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 the co- accused. That apart there is no other material to implicate the itioner. 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 tioner 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 ubject 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 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 itioner. 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 tioner 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 rrayed 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 ubject 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 as and when by the Investigating Officer and shall also abide by the conditions as GURPREET 2026.05.11 16:37 I attest to the accuracy and authenticity of this document. CRM-M-11094 10. Needless to say anything observed herein above shall not be construed to be an opinion on the merits of the case. 11.05.2026 Gurpreet 11094-2026 5 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 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 Needless to say anything observed herein above shall not be (RUPINDERJIT CHAHAL) GURPREET 2026.05.11 16:37 I attest to the accuracy and authenticity of this document.