CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA 212 Gurbir Singh State of Punjab CORAM: PRESENT: SANJAY VASHISTH 1. passed by the coordinate -61036-2024 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Gurbir Singh Versus State of Punjab CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Ms. Anusha Jain, Advocate for Mr. Sunil Jain, Advocate for the petitioner(s). Mr. Manjinder Singh Bhullar, DAG, Punjab. **** SANJAY VASHISTH, J. (Oral) In the present petition, on passed by the coordinate Bench of this Court: “ The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No.56, dated 3.10.2024 at Police Station Arif Ke District Ferozepur, under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 NDPS Act was added later on. The FIR was lodged upon receipt of secret information by the police to the effect that Swaranjit Singh @ Gulu and Parmjeet Kaur used to sell ‘heroin’. Pursuant to receipt of said informat was able to catch both the aforesaid Swaranjit Singh @ Gulu and Parmjeet Kaur red handed and from whose possession 530 grams of ‘heroin’ was recovered. It is further the case of prosecution that during the course of interrogation, aforesaid Kaur disclosed that they had purchased the said contraband from Gurbir Singh (petitioner). Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case solely on the basis of disclosure statement of co evidentiary value in the absence of any other connecting evidence. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-61036-2024 Decided on : 05.05.2025 . . . Petitioner(s) Versus . . . Respondent(s) HON'BLE MR. JUSTICE SANJAY VASHISTH Ms. Anusha Jain, Advocate for Mr. Manjinder Singh Bhullar, DAG, Punjab. In the present petition, on 05.12.2024, following order was Bench of this Court:- The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No.56, dated 3.10.2024 at Police Station Arif Ke District Ferozepur, under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985, wherein offence under Section 29 of The FIR was lodged upon receipt of secret information by the police to the effect that Swaranjit Singh @ Gulu and Parmjeet Kaur used to sell ‘heroin’. Pursuant to receipt of said information, the police was able to catch both the aforesaid Swaranjit Singh @ Gulu and Parmjeet Kaur red handed and from whose possession 530 grams of ‘heroin’ was recovered. It is further the case of prosecution that during the course of interrogation, aforesaid Swaranjit Singh @ Gulu and Parmjeet Kaur disclosed that they had purchased the said contraband from Gurbir Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case solely on the asis of disclosure statement of co-accused, which would not carry any evidentiary value in the absence of any other connecting evidence. 2024 .2025 . . . Petitioner(s) . . . Respondent(s) .2024, following order was The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No.56, dated 3.10.2024 at Police Station Arif Ke District Ferozepur, under Section 21 of Narcotic Drugs and , wherein offence under Section 29 of The FIR was lodged upon receipt of secret information by the police to the effect that Swaranjit Singh @ Gulu and Parmjeet Kaur ion, the police was able to catch both the aforesaid Swaranjit Singh @ Gulu and Parmjeet Kaur red handed and from whose possession 530 grams of ‘heroin’ was recovered. It is further the case of prosecution that during the Swaranjit Singh @ Gulu and Parmjeet Kaur disclosed that they had purchased the said contraband from Gurbir Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case solely on the accused, which would not carry any MAMTA 2025.05.06 10:00 I attest to the accuracy and integrity of this order/judgment CRM-M- 2. of the order dated the petitioner has already joined the investigation to co-operate with investigation agency, as and when same is required again. 3. statement of joining the investigation and thus, submits that the custodial interrogation of the petitioner investigation. 4 5. custodial interrogation is not even asked for, present petition is the ad-interim order dated and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. 6. passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport. -61036-2024 - 2 - Notice of motion for 1.4.2025. Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also ab conditions as provided under Section 482 BNSS. Learned counsel for the petitioner contends that in compliance of the order dated 05.12.2024, passed by the coordinate Bench of this Court, the petitioner has already joined the investigation operate with investigation agency, as and when same is required again. On the other hand, learned State counsel, also confirms the said statement of joining the investigation and thus, submits that the custodial gation of the petitioner is not required, at this stage, for the purpose of investigation. Heard. Since the petitioner has already joined the investigation and his custodial interrogation is not even asked for, present petition is interim order dated 05.12.2024 is hereby made absolute. However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport. It is also directed that before l Notice of motion for 1.4.2025. Meanwhile, in the event of arrest, the petitioner be released t to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 482 BNSS.” Learned counsel for the petitioner contends that in compliance .2024, passed by the coordinate Bench of this Court, the petitioner has already joined the investigation on 05.01.2025 and is ready operate with investigation agency, as and when same is required again. On the other hand, learned State counsel, also confirms the said statement of joining the investigation and thus, submits that the custodial is not required, at this stage, for the purpose of Since the petitioner has already joined the investigation and his custodial interrogation is not even asked for, present petition is allowed and .2024 is hereby made absolute. However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. s directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not It is also directed that before leaving country any time during Meanwhile, in the event of arrest, the petitioner be released t to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so ide by the Learned counsel for the petitioner contends that in compliance .2024, passed by the coordinate Bench of this Court, and is ready operate with investigation agency, as and when same is required again. On the other hand, learned State counsel, also confirms the said statement of joining the investigation and thus, submits that the custodial is not required, at this stage, for the purpose of Since the petitioner has already joined the investigation and his and However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid s directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not eaving country any time during MAMTA 2025.05.06 10:00 I attest to the accuracy and integrity of this order/judgment CRM-M- trial, petitioner would seek prior permission of the Court. 7. 05.05.2025 M.Sikka Whether speaking/reasoned: Whether Reportable: -61036-2024 - 3 - trial, petitioner would seek prior permission of the Court. Accordingly, petition stands disposed of 2025 Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No trial, petitioner would seek prior permission of the Court. Accordingly, petition stands disposed of. (SANJAY VASHISTH JUDGE SANJAY VASHISTH) MAMTA 2025.05.06 10:00 I attest to the accuracy and integrity of this order/judgment