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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 203 CRM-M-27151-2025 Date of decision: 11.07.2025 Gursewak Singh @ Sewak .....Petitioner Versus State of Punjab .....Respondent
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present : Ms. Gurpreet Kaur, Advocate for Mr. R.S. Sidhu, Advocate for the petitioner. Mr. Amit Rana, Sr. DAG, Punjab assisted by ASI Manjinder Singh. **** MANJARI NEHRU KAUL, J. (ORAL)
1. The petitioner is seeking the concession of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') in case FIR No.36 dated 15.03.2025 under Sections 21-B and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Sadar Patti, District Tarn Taran.
2.
Learned counsel appearing for the petitioner submits that in compliance of the following order dated 28.05.2025, the petitioner has joined investigation and cooperated with the investigating agency:-
“Status report dated 27.05.2025 in the form of an affidavit of Deputy Superintendent of Police, Sub Division Patti, District Tarn Taran, has been filed. The same is taken on record. Copy thereof has been supplied to
learned counsel for the petitioner.
2. ASI Sukhwinder Singh, Investigating Officer of the case, is present in Court today.
3. Heard.
4. After considering the rival contentions and perusing the record, it transpires that the petitioner is not named in VINAY 2025.07.11 15:59 I attest to the accuracy and authenticity of this
order/judgment
CRM-M-27151-2025 the FIR but has been nominated on the alleged disclosure statement of co-accused Sukhwinder Singh.
5. It is not disputed that except for the said disclosure statement nothing substantive has come on record against the petitioner.
6. Be it the case, the petitioner is hereby directed to join investigation within seven days from today and in the event of his arrest, he is ordered to be released on interim bail on his furnishing personal/ surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 482 (2) of BNSS, 2023.
7. Investigating Officer of the case to remain present along with record on the next date of hearing.
8. Adjourned to 11.07.2025.”
3. Learned State counsel, on instructions, has not disputed the
submissions made by the counsel opposite. It has also not been disputed by the learned State counsel that the petitioner has no previous criminal antecedents. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation.
4. In view of the above, the petition is allowed and interim
order dated 28.05.2025, is made absolute subject to the conditions laid down in Section 482(2) of the BNSS. Needless to add, in case the petitioner misuses the concession of bail granted to him, the State would be at liberty to seek cancellation of the same. 11.07.2025 (MANJARI NEHRU KAUL) Vinay JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VINAY 2025.07.11 15:59 I attest to the accuracy and authenticity of this
order/judgment