CRM-M-21121-2025 (O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 207 CRM-M-21121-2025 (O&M) Date of Decision: 10.07.2025 Gurjit Singh @ Ravi .....Petitioner Versus The State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Lovish Rattan, Advocate for the petitioner. Mr. Mohit Kapoor, Sr. DAG, Punjab. **** MAHABIR SINGH SINDHU , J. Present petition under Section 482 of the Bharatiya Nagarik Surakhsa Sanhita, 2023 (for short ‘BNSS’) for grant of pre- arrest bail to the petitioner in FIR No.14 dated 01.03.2025, under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) (Section (29 & 21(c) of NDPS Act added later on), registered at Police Station Majitha, District Amritsar. 2. Short reply by way of affidavit dated 07.07.2025 of Mr. Pawan Kumar, PPS, Deputy Superintendent of Police, Sub Division Majitha, Amritsar (Rural) (Additional Charge) has been filed on behalf of respondent. Copy thereof supplied to the opposite side. Registry to tag the same at appropriate place. -1- CRM-M-21121-2025 (O&M) 3. Allegations are that 10 grams of heroin (non commercial in nature) was recovered from the house of co-accused namely Ninder Kaur where petitioner was also present. 4. Contends that petitioner was granted interim bail by this Court on 24.04.2025 and in pursuance thereof, he has already joined investigation; hence, his custodial interrogation is not required. 5. The above factual position is not disputed by learned State Counsel on instructions from quarter concerned and submits that his custodial interrogation is not required at this stage. 6. Heard learned counsel for the parties and perused the paper-book. 7. It transpires that while issuing notice of motion, petitioner was granted interim protection by this Court on 24.04.2025 and the order reads as under:- “Contends, inter alia, that recovery alleged in the present case is 10 grams of Heroin from co- accused Ninder Kaur @ Chhotti and there is no other criminal case pending against the petitioner. Notice of motion. Mr. T.P.S. Walia, learned AAG, Punjab accepts notice on behalf of the respondent; seeks time to have instructions and/or to file written response in the matter. Posted for 10.07.2025. In the meanwhile, petitioner shall join investigation before the Investigating Officer; but he be not arrested till the next date of hearing” -2- CRM-M-21121-2025 (O&M) 8. 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. 9. In view of the above, there is no justification to deny concession of pre-arrest bail to petitioner. Consequently, present petition is allowed; interim order dated 24.04.2025 is made absolute subject to the conditions as envisaged under Section 482(2) of BNSS. 10. It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation. 11. The above observations be not construed as an expression of opinion on merits of the case; rather confined only to decide the bail matter. 12. 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. 10.07.2025 (MAHABIR SINGH SINDHU) Ithlesh JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No -3- ITHLESH KUMAR 2025.07.12 16:37 I attest to the accuracy and integrity of this order/judgment