CRM-M-23806-2025 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 209 (2nd case) CRM-M-23806-2025 (O&M) Date of Decision: 26.05.2025 Hanish Verma @ Jimmy .....Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. R.S. Waraich, Advocate for the petitioner. Ms. Manjot Kaur, AAG, Punjab. **** MAHABIR SINGH SINDHU , J. Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner in FIR No.23 dated 12.03.2025 (P-1), under Sections 22 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), registered at Police Station Kotwali Nabha, District Patiala. 2. Allegations are that 100 grams of intoxicant powder was recovered from co-accused Makhan Singh @ Tidda and Lakhan Singh; whereas petitioner has been nominated on the disclosure made by above co-accused. 3. Contends that petitioner was granted interim bail by this Court, vide order dated 16.05.2025 and in pursuance thereof, he has already joined investigation; hence, his custodial interrogation is not required. 4. 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. 5. Heard learned counsel for the parties and perused the paper- Rajeev Purohit 2025.05.27 14:28 I attest to the accuracy and integrity of this document CRM-M-23806-2025 2 book. 6. It transpires that petitioner was granted interim bail by this Court, vide order dated 16.05.2025 and the order reads as under:- “Present application has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, for modification/correction of order dated 03.05.2025 (A-1). Notice in the application. Mr. Kunwarbir Singh, learned Assistant Advocate General, Punjab, accepts notice on behalf of respondent and he has not seriously opposed the prayer. In view of averments made in the application as well as no objection made by learned State counsel, the application is allowed. Order dated 03.05.2025 is modified to the extent that phrase “by Co-ordinate Bench vide Annexures P-2 to P-3” be read as “vide Annexures P-3 and P-4 respectively”. Registry to do the needful. In the meanwhile, petitioner shall join investigation before the Investigating Officer; but he be not arrested till the next date of hearing. Registry will list the main case on the date fixed i.e. 26.05.2025.” 7. It is duly acknowledged by learned State Counsel that in pursuance of the aforesaid order, petitioner has joined investigation and 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 16.05.2025 is made absolute subject to the conditions as envisaged under Section 482(2) of 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. Rajeev Purohit 2025.05.27 14:28 I attest to the accuracy and integrity of this document CRM-M-23806-2025 3 Pending application(s), if any, shall also stand disposed off. 26.05.2025 (MAHABIR SINGH SINDHU) Rajeev (rvs) JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Rajeev Purohit 2025.05.27 14:28 I attest to the accuracy and integrity of this document