CRM-M-20315 IN THE HIGH COURT OF PUNJAB AND HARYANA 175 Gurvinder Singh State of Haryana Coram : Present: Rajesh Bhardwaj, J. (Oral) 1. BNSS, 2023, is for No.318 dated NDPS Act, at Police Station 2. patrolling on Jodhka, they saw a silver car make Alto parked on the side of the road. On suspicion, they checked the Alto car and found 4 plastic bags of black colour lying on rear thus, searched for the driver in the fields nearby. However, they did not find any clue about the driver and, thus, checked the presence of the Gazetted Officer, all the four bags they were found recovered from all the four bags was found to be 79 Kgs 885 grams. The FIR was registered and the investigation commenced. During investigation, the complicity of the petitioner was found and, thus, he was arrayed as an accused. Apprehending arrest, he approached the Court of the FTSC, Sirsa 20315-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Gurvinder Singh Versus Haryana Hon’ble Mr. Justice Rajesh Bhardwaj Mr. Tejas Bansal, Advocate, for the petitioner. **** Rajesh Bhardwaj, J. (Oral) Prayer in the present petition, filed under Section 482 of the BNSS, 2023, is for grant of anticipatory bail to the petitioner in a case FIR dated 29.11.2024, registered under Sections NDPS Act, at Police Station Ding, District Sirsa. Succinctly, the facts of the case are that the police party, while trolling on 29.11.2024, when reached a little ahead of Jodhka, they saw a silver car make Alto parked on the side of the road. On suspicion, they checked the Alto car and found 4 plastic bags of black colour lying on rear seat of the car. They suspected some narcotic in those bags and, thus, searched for the driver in the fields nearby. However, they did not find any clue about the driver and, thus, checked the presence of the Gazetted Officer, all the four bags found containing poppy husk. On weighing, the total poppy husk recovered from all the four bags was found to be 79 Kgs 885 grams. The FIR was registered and the investigation commenced. During investigation, the omplicity of the petitioner was found and, thus, he was arrayed as an accused. Apprehending arrest, he approached the Court of the Sirsa for grant of concession of anticipatory bail, however, after hearing - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20315-2025 Decided on:09.04.2025 ...Petitioner ...Respondent Hon’ble Mr. Justice Rajesh Bhardwaj Prayer in the present petition, filed under Section 482 of the grant of anticipatory bail to the petitioner in a case FIR , registered under Sections 15(b), 61 & 85 of the Ding, District Sirsa. the case are that the police party, while 29.11.2024, when reached a little ahead of Mochiwali towards Jodhka, they saw a silver car make Alto parked on the side of the road. On suspicion, they checked the Alto car and found 4 plastic bags of black colour . They suspected some narcotic in those bags and, thus, searched for the driver in the fields nearby. However, they did not find any clue about the driver and, thus, checked the Alto car. On search in presence of the Gazetted Officer, all the four bags were taken out of the car and containing poppy husk. On weighing, the total poppy husk recovered from all the four bags was found to be 79 Kgs 885 grams. The FIR was registered and the investigation commenced. During investigation, the omplicity of the petitioner was found and, thus, he was arrayed as an accused. Apprehending arrest, he approached the Court of the Addl. Sessions Judge, for grant of concession of anticipatory bail, however, after hearing ...Petitioner ...Respondent Prayer in the present petition, filed under Section 482 of the grant of anticipatory bail to the petitioner in a case FIR of the the case are that the police party, while Mochiwali towards Jodhka, they saw a silver car make Alto parked on the side of the road. On suspicion, they checked the Alto car and found 4 plastic bags of black colour . They suspected some narcotic in those bags and, thus, searched for the driver in the fields nearby. However, they did not find lto car. On search in were taken out of the car and containing poppy husk. On weighing, the total poppy husk recovered from all the four bags was found to be 79 Kgs 885 grams. The FIR was registered and the investigation commenced. During investigation, the omplicity of the petitioner was found and, thus, he was arrayed as an accused. Addl. Sessions Judge, for grant of concession of anticipatory bail, however, after hearing VINOD KUMAR 2025.04.29 09:42 I attest to the accuracy and integrity of this document CRM-M-20315 both the sides, the sa Hence, aggrieved against the said order, the petitioner is before this Court by way of filing the present petition. 3. the petitioner has been falsely implicated in the present case neither the petitioner is named in the FIR nor any recovery has been effected from him. However, he has been implicated in the present case on the basis of the disclosure statement of an admissible evidence. It is submitted that though the petitioner is involved in two more cases of the similar nature, but he is on bail in those cases. He submits that even no petitioner and, thus, he deserves the concession of anticipatory bail. 4. 5. accepts notice on behalf of the respondent the bail application and it has been submitted that conducted so far, the complicity of the petitioner has been found and, thus, for the free and fair investigation, his custodial interrogation is essential for unravelling the of merit, deserves to be dismissed. 6. available record, it is deciphered that 79 Kgs 885 grams of poppy husk has been recove investigation, the co his disclosure statement to the effect that he had given Rs.20,000/ petitioner for purchasing the recovered contrab that the petitioner and co contraband from co 20315-2025 both the sides, the said relief was declined to him vide order dated Hence, aggrieved against the said order, the petitioner is before this Court by of filing the present petition. Learned counsel for the petitioner has vehemently contended that oner has been falsely implicated in the present case neither the petitioner is named in the FIR nor any recovery has been effected him. However, he has been implicated in the present case on the basis of the disclosure statement of the co-accused Harpal Singh @ Punnu, which is not an admissible evidence. It is submitted that though the petitioner is involved in two more cases of the similar nature, but he is on bail in those cases. He submits that even no prima facie case, as alleg petitioner and, thus, he deserves the concession of anticipatory bail. Notice of motion. On asking of the Court, Mr. Sumit Jain, Addl. A.G., Haryana, accepts notice on behalf of the respondent-State and has vehemently the bail application and it has been submitted that conducted so far, the complicity of the petitioner has been found and, thus, for the free and fair investigation, his custodial interrogation is essential for unravelling the truth. He, thus, submits that the present petition, being devoid of merit, deserves to be dismissed. After hearing learned counsel for the parties and perusing the ecord, it is deciphered that 79 Kgs 885 grams of poppy husk has been recovered from a car found parked alongside the road. investigation, the co-accused Harpal Singh @ Punnu was arrested who suffered his disclosure statement to the effect that he had given Rs.20,000/ petitioner for purchasing the recovered contrab that the petitioner and co-accused Harpal Singh @ Punnu purchased the contraband from co-accused Rakesh for a total consideration of Rs.2,40,000/ - 2 - id relief was declined to him vide order dated 04.04.2025 Hence, aggrieved against the said order, the petitioner is before this Court by Learned counsel for the petitioner has vehemently contended that oner has been falsely implicated in the present case. He submits that neither the petitioner is named in the FIR nor any recovery has been effected him. However, he has been implicated in the present case on the basis of accused Harpal Singh @ Punnu, which is not an admissible evidence. It is submitted that though the petitioner is involved in two more cases of the similar nature, but he is on bail in those cases. He case, as alleged, is made out against the petitioner and, thus, he deserves the concession of anticipatory bail. Sumit Jain, Addl. A.G., Haryana, State and has vehemently opposed the bail application and it has been submitted that during investigation conducted so far, the complicity of the petitioner has been found and, thus, for the free and fair investigation, his custodial interrogation is essential for He, thus, submits that the present petition, being devoid After hearing learned counsel for the parties and perusing the ecord, it is deciphered that 79 Kgs 885 grams of poppy husk has und parked alongside the road. During accused Harpal Singh @ Punnu was arrested who suffered his disclosure statement to the effect that he had given Rs.20,000/- to the petitioner for purchasing the recovered contraband. It has been further found accused Harpal Singh @ Punnu purchased the accused Rakesh for a total consideration of Rs.2,40,000/ 04.04.2025. Hence, aggrieved against the said order, the petitioner is before this Court by Learned counsel for the petitioner has vehemently contended that . He submits that neither the petitioner is named in the FIR nor any recovery has been effected him. However, he has been implicated in the present case on the basis of accused Harpal Singh @ Punnu, which is not an admissible evidence. It is submitted that though the petitioner is involved in two more cases of the similar nature, but he is on bail in those cases. He ed, is made out against the Sumit Jain, Addl. A.G., Haryana, opposed during investigation conducted so far, the complicity of the petitioner has been found and, thus, for the free and fair investigation, his custodial interrogation is essential for He, thus, submits that the present petition, being devoid After hearing learned counsel for the parties and perusing the ecord, it is deciphered that 79 Kgs 885 grams of poppy husk has During accused Harpal Singh @ Punnu was arrested who suffered to the and. It has been further found accused Harpal Singh @ Punnu purchased the accused Rakesh for a total consideration of Rs.2,40,000/-. VINOD KUMAR 2025.04.29 09:42 I attest to the accuracy and integrity of this document CRM-M-20315 Since the recovery effected of poppy husk from four plastic bags falls with the category of commercial quantity, therefore, bar under Section 37 of the NDPS is attracted in the present case. cases for the offences under the NDPS Act itself bearing FIR No.152 dated 23.06.2019, registered Station Sardulgarh, District Mansa and FIR No.115 dated 10.03.2022, registered under Sections 15B/61/85 of the NDPS Act, at Police Station Fatehabad, District Fatehabad contentions raised by the learned counsel for the petitioner cannot be appreciated at this stage where he has approached this Court for the grant of concession of anticipatory bail. However, the same could be appreciated at the relevant stage. 7. are given under Section 482 (1) & (2) of BNSS which reads as under: 20315-2025 Since the recovery effected of poppy husk from four plastic bags falls with the category of commercial quantity, therefore, bar under Section 37 of the NDPS is attracted in the present case. The petitioner is involved in two more cases for the offences under the NDPS Act itself bearing FIR No.152 dated 23.06.2019, registered under Sections 22/25/61/85 of the NDPS Act, at Police Station Sardulgarh, District Mansa and FIR No.115 dated 10.03.2022, registered under Sections 15B/61/85 of the NDPS Act, at Police Station Fatehabad, District Fatehabad, which depicts his criminal antec contentions raised by the learned counsel for the petitioner cannot be appreciated at this stage where he has approached this Court for the grant of concession of anticipatory bail. However, the same could be appreciated at the relevant stage. For the consideration of anticipatory bail, the statutory parameters are given under Section 482 (1) & (2) of BNSS which reads as under: “482. Direction for grant of bail to person apprehending arrest: 1. When any person has reason to believe that he may be arrested on an accusation of having committed a non may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail. 2. When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, may think fit, including (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or person acquainted with the facts of the case so as to - 3 - Since the recovery effected of poppy husk from four plastic bags falls with the category of commercial quantity, therefore, bar under Section 37 of the The petitioner is involved in two more cases for the offences under the NDPS Act itself bearing FIR No.152 dated under Sections 22/25/61/85 of the NDPS Act, at Police Station Sardulgarh, District Mansa and FIR No.115 dated 10.03.2022, registered under Sections 15B/61/85 of the NDPS Act, at Police Station , which depicts his criminal antecedents. The contentions raised by the learned counsel for the petitioner cannot be appreciated at this stage where he has approached this Court for the grant of concession of anticipatory bail. However, the same could be appreciated at the For the consideration of anticipatory bail, the statutory parameters are given under Section 482 (1) & (2) of BNSS which reads as under:- “482. Direction for grant of bail to person apprehending arrest: When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, ct that in the event of such arrest, he shall be released on When the High Court or the Court of Session makes a direction section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it a condition that the person shall make himself available for interrogation by a police officer as and when a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to Since the recovery effected of poppy husk from four plastic bags falls within the category of commercial quantity, therefore, bar under Section 37 of the The petitioner is involved in two more cases for the offences under the NDPS Act itself bearing FIR No.152 dated under Sections 22/25/61/85 of the NDPS Act, at Police Station Sardulgarh, District Mansa and FIR No.115 dated 10.03.2022, registered under Sections 15B/61/85 of the NDPS Act, at Police Station The contentions raised by the learned counsel for the petitioner cannot be appreciated at this stage where he has approached this Court for the grant of concession of anticipatory bail. However, the same could be appreciated at the For the consideration of anticipatory bail, the statutory parameters When any person has reason to believe that he may be arrested bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, ct that in the event of such arrest, he shall be released on When the High Court or the Court of Session makes a direction section (1), it may include such conditions in such as it a condition that the person shall make himself available for interrogation by a police officer as and when a condition that the person shall not, directly or promise to any person acquainted with the facts of the case so as to VINOD KUMAR 2025.04.29 09:42 I attest to the accuracy and integrity of this document CRM-M-20315 8. Sharma, (1997) 7 SCC 187 9. Gurbaksh Singh Sibbia Vs. State of Punjab, AIR 1980 SC 1632 and again reiterated that while considering the anticipatory bail the Court is to take into consideration the factors lik tampering with the evidence and probabilities of his fleeing from justice etc. The Court should be circumspect about the impact of its decision on the society as well. The anticipatory bail is an extraordinary discr exercised in the extraordinary circumstances. 20315-2025 dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub section (3) of section 480, as if the bail were granted under that section.” Hon'ble Supreme Court in State represented by (1997) 7 SCC 187 has held as under: “6. We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation oriented than questioning a suspect who is well ensconded with a favorable order under 438 if the code. In a case like this effective interrogation of susp person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Succession such interrogation would elude if the suspected person knows that he is well protected and insulted by a pre the time he interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third degree methods need not be can be advanced by all accused in all criminal cases. The court has to presume that responsible Police Officers would conduct themselves in task of disinterring offences would not conduct themselves as offenders.” Hon’ble Apex Court in plethora of judicial precedents including Gurbaksh Singh Sibbia Vs. State of Punjab, AIR 1980 SC 1632 and again reiterated that while considering the anticipatory bail the Court is to take into consideration the factors like gravity of offence, chances of accused tampering with the evidence and probabilities of his fleeing from justice etc. The Court should be circumspect about the impact of its decision on the society as well. The anticipatory bail is an extraordinary discr exercised in the extraordinary circumstances. - 4 - dissuade him from disclosing such facts to the Court or to a condition that the person shall not leave India without the previous permission of the Court; such other condition as may be imposed under sub section (3) of section 480, as if the bail were granted Hon'ble Supreme Court in State represented by CBI Vs. Anil has held as under:- in the submission of the CBI that custodial interrogation is qualitatively more elicitation oriented than questioning a suspect who is well ensconded with a favorable order under Section if the code. In a case like this effective interrogation of suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Succession such interrogation would elude if the suspected person knows that he is well protected and insulted by a pre-arrest bail during the time he interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to countenanced, for, such an argument can be advanced by all accused in all criminal cases. The court has to presume that responsible Police Officers would conduct themselves in task of disinterring offences would not conduct themselves as Hon’ble Apex Court in plethora of judicial precedents including Gurbaksh Singh Sibbia Vs. State of Punjab, AIR 1980 SC 1632, has time and again reiterated that while considering the anticipatory bail the Court is to e gravity of offence, chances of accused tampering with the evidence and probabilities of his fleeing from justice etc. The Court should be circumspect about the impact of its decision on the society as well. The anticipatory bail is an extraordinary discretion which should be exercised in the extraordinary circumstances. dissuade him from disclosing such facts to the Court or to a condition that the person shall not leave India without such other condition as may be imposed under sub- section (3) of section 480, as if the bail were granted CBI Vs. Anil in the submission of the CBI that custodial interrogation is qualitatively more elicitation oriented than questioning Section ected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Succession such interrogation would elude if the suspected person est bail during the time he interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to countenanced, for, such an argument can be advanced by all accused in all criminal cases. The court has to presume that responsible Police Officers would conduct themselves in task of disinterring offences would not conduct themselves as Hon’ble Apex Court in plethora of judicial precedents including , has time and again reiterated that while considering the anticipatory bail the Court is to e gravity of offence, chances of accused tampering with the evidence and probabilities of his fleeing from justice etc. The Court should be circumspect about the impact of its decision on the society etion which should be VINOD KUMAR 2025.04.29 09:42 I attest to the accuracy and integrity of this document CRM-M-20315 10. anticipatory bail, however, Hon'ble Supreme Court in vs. Samarth Kumar, 2022 Livelaw (SC) 622 present one, the accused may take advantage of facts like no recovery was effected from him and that he was implicated on the basis of disclosure statement made by the main accused, at the time of arguing regular bail application or at the time of final hearing after conclusion of trial. 11. apparent that the complicity of the petitioner has been The investigation is at its thresho petitioner at this stage would scuttle the ongoing investigation. 12. Court is of the opinion that the petitioner do not qualify for exercising extraordinary power by this Court in his favour. Resultantly, the present petition, being devoid of any merit, is hereby dismissed. 13. on the merits of the case. April 09, 2025 vinod* 20315-2025 The petitioner has approached this Court praying for grant of anticipatory bail, however, Hon'ble Supreme Court in vs. Samarth Kumar, 2022 Livelaw (SC) 622 present one, the accused may take advantage of facts like no recovery was effected from him and that he was implicated on the basis of disclosure statement made by the main accused, at the time of arguing regular bail tion or at the time of final hearing after conclusion of trial. Weighing the facts of the case on the anvil of the law settled, it is apparent that the complicity of the petitioner has been The investigation is at its threshold. Thus, granting anticipatory bail to the petitioner at this stage would scuttle the ongoing investigation. In view of the facts and circumstances of the present case, this Court is of the opinion that the petitioner do not qualify for exercising extraordinary power by this Court in his favour. Resultantly, the present petition, being devoid of any merit, is hereby dismissed. Nothing said herein shall be construed as an expression of opinion on the merits of the case. , 2025 Whether Speaking/Reasoned: Whether Reportable: - 5 - The petitioner has approached this Court praying for grant of anticipatory bail, however, Hon'ble Supreme Court in The State of Haryana vs. Samarth Kumar, 2022 Livelaw (SC) 622 has held that in the cases like the present one, the accused may take advantage of facts like no recovery was effected from him and that he was implicated on the basis of disclosure statement made by the main accused, at the time of arguing regular bail tion or at the time of final hearing after conclusion of trial. Weighing the facts of the case on the anvil of the law settled, it is apparent that the complicity of the petitioner has been prima facie established. ld. Thus, granting anticipatory bail to the petitioner at this stage would scuttle the ongoing investigation. In view of the facts and circumstances of the present case, this Court is of the opinion that the petitioner do not qualify for exercising the extraordinary power by this Court in his favour. Resultantly, the present petition, being devoid of any merit, is hereby dismissed. Nothing said herein shall be construed as an expression of opinion (Rajesh Bhardwaj) Judge Whether Speaking/Reasoned: NO/YES NO/YES The petitioner has approached this Court praying for grant of The State of Haryana eld that in the cases like the present one, the accused may take advantage of facts like no recovery was effected from him and that he was implicated on the basis of disclosure statement made by the main accused, at the time of arguing regular bail Weighing the facts of the case on the anvil of the law settled, it is established. ld. Thus, granting anticipatory bail to the In view of the facts and circumstances of the present case, this the extraordinary power by this Court in his favour. Resultantly, the present Nothing said herein shall be construed as an expression of opinion VINOD KUMAR 2025.04.29 09:42 I attest to the accuracy and integrity of this document