CRM-M-20602-2025(O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 213 CRM-M-20602-2025(O&M) Date of Decision: 03.07.2025 Gurpreet Singh @ Goru .....Petitioner Versus State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Kamal Jindal, Advocate for the petitioner. Mr. Neeraj Sheoran, DAG, Haryana. **** MAHABIR SINGH SINDHU , J. Present petition filed under Section 482 of Bharatiya Nagarik Surakhsa Sanhita, 2023 (for short ‘BNSS’) for grant of pre- arrest bail to the petitioner in FIR No. 19 dated 21.01.2025, under Sections 21B of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Sadar District Sirsa. (2) Allegations are that 06.27 grams heroin (non-commercial) was recovered from conscious possession of co-accused Kuldeep Singh @ Dholu and petitioner was nominated on the basis of disclosure made by him. -1- KAVNEET SINGH 2025.07.03 18:40 I attest to the accuracy and integrity of this document CRM-M-20602-2025(O&M) (3) Contends that petitioner was granted interim protection by this Court on 21.04.2025 and in pursuance thereof, he has already joined investigation; hence, his custodial interrogation is not required. (4) Learned State counsel on instructions from PSI- Praveen Kumar has fairly acknowledged the above factual position and submits that his custodial interrogation is not required at this stage. (5) Heard learned counsel for the parties and perused the paper-book. (6) It transpires that while issuing notice of motion, petitioner was granted interim protection by this Court on 21.04.2025 and the order reads as under:- “Contends, inter alia, that petitioner has been nominated on the basis of disclosure made by co- accused, namely, Kuldeep Singh @ Dholu, from whom, 6.27 grams of heroin alleged to have been recovered. Notice of motion. Mr. Ashok Sehrawat, learned DAG, Haryana accepts notice on behalf of the respondent; seeks time to have instructions and/or to file written response in the matter. Posted for 03.07.2025. In the meanwhile, petitioner shall join investigation before the Investigating Officer; but he be not arrested till the next date of hearing.” -2- KAVNEET SINGH 2025.07.03 18:40 I attest to the accuracy and integrity of this document CRM-M-20602-2025(O&M) (7) It is duly acknowledged by learned State Counsel that in pursuance of the aforesaid order, petitioner has joined investigation and as on today, his custodial interrogation is not required. (8) In view of the above, there is no justification to deny the concession of pre-arrest bail to the petitioner. Consequently, present petition is allowed; interim order dated 21.04.2025 is made absolute subject to the conditions as envisaged under Section 482(2) BNSS. (9) It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation. (10) The above observations be not construed as an expression of opinion on merits of the case; rather confined only to decide the bail matter. (11) It is also clarified that in case of any recurrence on the part of petitioner, State would be at liberty to move an appropriate application for recalling of this order. Pending application(s), if any, shall also stand disposed off. 03.07.2025 (MAHABIR SINGH SINDHU) kavneet singh JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No -3- KAVNEET SINGH 2025.07.03 18:40 I attest to the accuracy and integrity of this document