CRM-M-27914 IN THE HIGH COURT OF PUNJAB & HARYANA 217 HIRA @ HEERA STATE OF PUNJAB CORAM:- HON'BLE MS. Present:- Mr. Karan Choudhary, 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 27 and 29 of the Narcotic Drugs an 1985, at Police Station Dhariwal, 2. On the BNSS, 2023 is for grant of anticipatory in case FIR No.59 dated 20.04.2026, registered under Sections 27 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Dhariwal, Punjab. 20.04.2026, was on patrolling duty and on suspicion, apprehended one 27914-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: HIRA @ HEERA Versus STATE OF PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Karan Choudhary, 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.59 dated 20.04.2026, registered under Sections 27 and 29 of the Narcotic Drugs an 1985, at Police Station Dhariwal, District Gurdaspur On 18.05.2026, the following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory in case FIR No.59 dated 20.04.2026, registered under Sections 27 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Dhariwal, Punjab. Brief facts as per the prosecution case are that on 20.04.2026, ASI Kuldeep Singh along with other police officials was on patrolling duty and on suspicion, apprehended one IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-27914-2026 Date of decision: 27.05.2026 ….Petitioner ....Respondent 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.59 dated 20.04.2026, registered under Sections 27 and 29 of the Narcotic Drugs and Psychotropic Substances Act, District Gurdaspur. 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.59 dated 20.04.2026, registered under Sections 27 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Dhariwal, Punjab. Brief facts as per the prosecution case are that on ASI Kuldeep Singh along with other police officials was on patrolling duty and on suspicion, apprehended one ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner FIR No.59 dated 20.04.2026, registered under d Psychotropic Substances Act, Prayer in the present petition filed under Section 482 of bail to the petitioner in case FIR No.59 dated 20.04.2026, registered under Sections 27 and 29 of the Narcotic Drugs and Psychotropic Substances Brief facts as per the prosecution case are that on ASI Kuldeep Singh along with other police officials was on patrolling duty and on suspicion, apprehended one GURPREET 2026.05.28 12:28 I attest to the accuracy and authenticity of this document. CRM-M-27914 person namely Sunny, who was found consuming heroin and from his conscious possession, one aluminium foil, filled with heroin like substance, one h and one lighter were recovered. Initially, the FIR in question was registered against the said co petitioner is innocent and has been falsely implicated 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. It has also been contended that the petitioner has been nominated as an accused only on the basis of disclosure statement made by co 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 disclosure statement of co interrogation is not admissible. No recovery from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. accepts notice on behalf of the respondent to file status report in the matter. investigati 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 satisfaction shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. 27914-2026 2 person namely Sunny, who was found consuming heroin and from his conscious possession, one aluminium foil, filled with heroin like substance, one half burnt currency note of Rs.20/ and one lighter were recovered. Initially, the FIR in question was registered against the said co-accused Sunny. Learned counsel for the petitioner contends that the petitioner is innocent and has been falsely implicated 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. It has also been contended that the petitioner has been nominated as an accused only on the basis of disclosure statement made by co 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 disclosure statement of co interrogation is not admissible. No recovery from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. Notice of motion. On asking of the Court, Mr. J.S.Rattu, DAG, Punjab, accepts notice on behalf of the respondent to file status report in the matter. Adjourned to 27.05.2026. 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 arrest, he 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.” person namely Sunny, who was found consuming heroin and from his conscious possession, one aluminium foil, filled with alf burnt currency note of Rs.20/- and one lighter were recovered. Initially, the FIR in question was accused Sunny. Learned counsel for the petitioner contends that the petitioner is innocent and 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. It has also been contended that the petitioner has been nominated as an accused only on the basis of disclosure statement made by co-accused Sunny. 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 disclosure statement of co-accused during his custodial interrogation is not admissible. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. On asking of the Court, Mr. J.S.Rattu, DAG, Punjab, accepts notice on behalf of the respondent-State and seeks time In the meantime, the petitioner is directed to join on 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 of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section person namely Sunny, who was found consuming heroin and from his conscious possession, one aluminium foil, filled with - and one lighter were recovered. Initially, the FIR in question was Learned counsel for the petitioner contends that the 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. It has also been contended that the petitioner has been nominated as an accused only on the accused Sunny. Apart from the disclosure statement, there is no other evidence to connect the petitioner with the offence in question and it is a trite l is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and On asking of the Court, Mr. J.S.Rattu, DAG, Punjab, State and seeks time In the meantime, the petitioner is directed to join on 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 of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section GURPREET 2026.05.28 12:28 I attest to the accuracy and authenticity of this document. CRM-M-27914 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, 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 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 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 anticip titled as ‘Vijay Singh vs. The State of Haryana, bearing Special Leave to Appeal (Crl.) No.(s)1266/2023 decided on 17.05.2023’ 27914-2026 3 Learned counsel for the petitioner submits that in compliance the order dated 18.05.2026 passed by this Court, 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 of ASI Kuldeep 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 counsel 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’ 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 of ASI Kuldeep 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 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 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 atory 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: Learned counsel for the petitioner submits that in compliance the petitioner has joined e has further argued that there is no connection between the petitioner is sought to be on instructions of ASI Kuldeep in terms and is no longer submitted that since the FIR in question is under the NDPS Act of 1985, the petitioner ought On a specific query put by this Court to the learned State counsel 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 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 atory bail in a case under NDPS Act, 1985; in a judgment ‘Vijay Singh vs. The State of Haryana, bearing Special Leave to GURPREET 2026.05.28 12:28 I attest to the accuracy and authenticity of this document. CRM-M-27914 "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 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 prose 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 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 18.05.2026 shall continue to join investigation as and when 27914-2026 4 "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 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 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 18.05.2026 passed by this Court is made absolute. The petitioner shall continue to join investigation as and when "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. ons 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 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 "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. ons 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 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 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 2026.05.28 12:28 I attest to the accuracy and authenticity of this document. CRM-M-27914 Officer and shall also abi 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. 27.05.2026 Gurpreet 27914-2026 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 de 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 speaking/reasoned? Yes/No de by the conditions as provided under Section Needless to say anything observed herein above shall not be (RUPINDERJIT CHAHAL) GURPREET 2026.05.28 12:28 I attest to the accuracy and authenticity of this document.