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2023 DAILYLAW 5689 (PNJ)

SUKHWANT SINGH ALIAS SUKHA v. STATE OF PUNJAB

CRM-M/26768/2026 · 2026-07-09

Sumeet Goel

body2023

Judgment text

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CRM CRM CRM CRM----M M M M----26768 26768 26768 26768 219 219 219 219 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT Sukhwant Singh @ Sukha State of Punjab Date of Decision: Date of Decision: Date of Decision: Date of Decision: Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: CORAM: CORAM: CORAM: CORAM: Present Present Present Present: SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL Nagarik Suraksha Sanhita, 2023 anticipatory bail to the petitioner Sections 21, 21 added later on), at Police Station Special Task Force, District STF Wing, SAS Nagar. 2. petitioner has preferred this petition under Section 482 of Bharatiya petitioner has relied upon the dicta of the judgments of the Hon’ble 26768 26768 26768 26768----2026 2026 2026 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CRM CRM CRM CRM----M M M M----26768 26768 26768 26768----2026 2026 2026 2026 Sukhwant Singh @ Sukha versus Punjab Date of Decision: Date of Decision: Date of Decision: Date of Decision: July 09 July 09 July 09 July 09, 2026 , 2026 , 2026 , 2026 Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: July 09 July 09 July 09 July 09, 2026 , 2026 , 2026 , 2026 HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Sukhmeet Singh, Advocate for Mr. Jaypreet Singh, DAG Punjab. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) bail to the petitioner, in case FIR No. s 21, 21-C, 29, 61, 85 of the NDPS Act, 1985 added later on), at Police Station Special Task Force, District STF Wing, SAS On 13.05.2026, the following order was passed: ““““Apprehending his arrest in FIR No.78 dated 12.05.2024, registered for offences punishable under Sections 21, 21 the NDPS Act, 1985 (Section 25 of the NDPS Act added later on), at Police Station Special Task Force, District STF Wing, SAS Nagar; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre Inter alia, contends that the petitioner is sought to be implicated into the FIR in question solely on the basis of a disclosure statement made by co-accused from whom the contraband in question has been alle recovered & the petitioner is willing to join investigation and cooperate therein. In order to buttress his arguments, learned counsel for the petitioner has relied upon the dicta of the judgments of the Hon’ble Supreme Court in ‘Vijay Singh versus T ‘Vijay Singh versus T ‘Vijay Singh versus T ‘Vijay Singh versus T Special Leave to Appeal (Crl.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023 Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH 2026 2026 2026 2026 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Advocate for the petitioner. Mr. Jaypreet Singh, DAG Punjab. has been filed under Section 482 of the Bhartiya (for short ‘BNSS’) for grant of concession of in case FIR No.78 dated 12.05.2024, under C, 29, 61, 85 of the NDPS Act, 1985 (Section 25 of the NDPS Act added later on), at Police Station Special Task Force, District STF Wing, SAS he following order was passed: Apprehending his arrest in FIR No.78 dated 12.05.2024, e under Sections 21, 21-C, 29, 61, 85 of the NDPS Act, 1985 (Section 25 of the NDPS Act added later on), at Police Station Special Task Force, District STF Wing, SAS Nagar; the petitioner has preferred this petition under Section 482 of Bharatiya uraksha Sanhita, 2023 seeking pre-arrest bail. , contends that the petitioner is sought to be implicated into the FIR in question solely on the basis of a disclosure statement made accused from whom the contraband in question has been allegedly recovered & the petitioner is willing to join investigation and cooperate therein. In order to buttress his arguments, learned counsel for the petitioner has relied upon the dicta of the judgments of the Hon’ble ‘Vijay Singh versus T ‘Vijay Singh versus T ‘Vijay Singh versus T ‘Vijay Singh versus The State of Haryana’ he State of Haryana’ he State of Haryana’ he State of Haryana’ bearing Special Leave to Appeal (Crl.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023, ‘State by (NCB) ‘State by (NCB) ‘State by (NCB) ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme ....Petitioner ....Respondent has been filed under Section 482 of the Bhartiya for grant of concession of 12.05.2024, under (Section 25 of the NDPS Act added later on), at Police Station Special Task Force, District STF Wing, SAS Apprehending his arrest in FIR No.78 dated 12.05.2024, C, 29, 61, 85 of the NDPS Act, 1985 (Section 25 of the NDPS Act added later on), at Police Station Special Task Force, District STF Wing, SAS Nagar; the petitioner has preferred this petition under Section 482 of Bharatiya , contends that the petitioner is sought to be implicated into the FIR in question solely on the basis of a disclosure statement made gedly recovered & the petitioner is willing to join investigation and cooperate therein. In order to buttress his arguments, learned counsel for the petitioner has relied upon the dicta of the judgments of the Hon’ble bearing ‘State by (NCB) ‘State by (NCB) ‘State by (NCB) ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme MAHAVIR SINGH 2026.07.09 17:35 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----26768 26768 26768 26768----2026 2026 2026 2026 2222 Court 5592 Court 5592 Court 5592 Court 5592, ‘Smt. Najmunisha, ‘Smt. Najmunisha, ‘Smt. Najmunisha, ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu Abdul Hamid Chandmiya @ Ladoo Bapu Abdul Hamid Chandmiya @ Ladoo Bapu Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics Control Bureau’ 2024 INSC 290 vs. State of Gujrat, Narcotics Control Bureau’ 2024 INSC 290 vs. State of Gujrat, Narcotics Control Bureau’ 2024 INSC 290 vs. State of Gujrat, Narcotics Control Bureau’ 2024 INSC 290 and ‘Jugraj Jugraj Jugraj Jugraj Singh Vs. State of Haryana Singh Vs. State of Haryana Singh Vs. State of Haryana Singh Vs. State of Haryana bearing Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) No.9190/2025 No.9190/2025 No.9190/2025 No.9190/2025. Notice of motion. On the strength of advance notice; Mr. Adhiraj Singh Thind, AAG Punjab causes appearance and accepts notice on behalf of the respondent – State of Punjab. Put up on 27.05.2026 27.05.2026 27.05.2026 27.05.2026. The petitioner is directed to appear before the Investigating Officer on 16.05.2026 16.05.2026 16.05.2026 16.05.2026 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.” ” ” ” 3. Learned State counsel (on instructions) has stated that pursuant to the order dated 13.05.2026, the petitioner has joined investigation, but his custodial interrogation is required for effecting recovery of mobile phone in question. 4. Having heard learned counsel for the parties and upon perusal of the record; especially in view of the factum of the petitioner having joined investigation and his custodial interrogation is being sought for only for effecting recovery of mobile phone in question; the interim order dated 13.05.2026 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023. 5. Petition stands allowed allowed allowed allowed, accordingly. 6. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 7. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS, 2023 or upon showing any other sufficient cause. MAHAVIR SINGH 2026.07.09 17:35 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----26768 26768 26768 26768----2026 2026 2026 2026 3333 8. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 9. Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) JUDGE JUDGE JUDGE JUDGE July 09 July 09 July 09 July 09, 2026 , 2026 , 2026 , 2026 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2026.07.09 17:35 I attest to the accuracy and authenticity of this order/ judgment