CRM-M-25299-2025 -1- 104 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25299-2025 DECIDED ON: 09.05.2025 ANGREJ SINGH .....PETITIONER VERSUS STATE OF PUNJAB .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: None. SANDEEP MOUDGIL, J (ORAL) 1. No one is present because the Bar Council of Punjab & Haryana, as well as High Court Bar Association have decided to observe today i.e. May 9, 2025 as a ‘No Work Day’, in view of serious escalation of the ongoing war-like situation with Pakistan and considering the safety concerns of litigants, advocates, staff, general public and their families etc. 2. The jurisdiction of this Court has been invoked under Section 482 of BNSS seeking anticipatory bail to the petitioner in FIR No.52 dated 22.04.2025 under Section 15 of NDPS Act, registered at Police Station Sadar Samana, District Patiala (Annexure P-1). 3. The Prosecution story set up in the present case as per the version narrated in the instant FIR reads as under :- “At this time it has been recorded that a raqua written by ASI Sarabhjit Singh No 367/Pta, has been received in the police station MEENU 2025.05.09 17:02 I attest to the accuracy and integrity of this document CRM-M-25299-2025 -2- Sadar Samana at the hands of PHG Farmaan Singh no 18252/Pta for registration of FIR U/ss 15/61/85 NDPS Act against Angrej Singh S/o Late Lakhwinder Singh @ Lakha, Kulwant Kaur W/o Late Lakhwinder Singh @ Lakha R/o Village Marrori, PS: Sadar Samana, District Patiala. The subject of which is as below, " SHO, PS: Sadar Samana, Jai Hind. Today I ASI alongwith ASI Nirmal Singh 2511/Pta, SC Surjit Sing no 1589/Pta, L/SC Veerpal Kaur no 1670/Pta and PHG Farmaan Singh no 18252/Pta were on Government Vehicle bearing number PB-65-BG-8772 the driver of which was HC Amandeep Singh No 2835/Pta carrying Laptop and Printer were present at river bridge of Bhakhra at Panetha in context of patrolling and checking of suspicious persons, the time will be about 12:30 PM, then a secrete informer rendered a secrete information to in separation that Angrej Singh S/o Late Lakhwinder Singh @Lakha, R/o Village Marrori, PS: Sadar Samana, District Patiala was doing the business of selling Poppy Husk and Angrej Singh purchases the poppy husk for selling the same and after bringing the same he keep the poppy husk hidden in the bushes of Gurdial Pura and after hiding poppy husk, he tells /shows her mother Kulwant Kaur W/o Late Lakhwinder Singh @ Lakha, R/o Village Marrori, about the where about of poppy husk during odd times and after showing the same her mother Kulwant Kaur sells poppy husk by sitting in the bushes of Gurdial Pura and Angrej Singh sends the customers to her mother Kulwant Kaur at Gurdial Pura. That Angrej Singh and her mother Kulwant Kaur together do the business of selling poppy husk together. That today also in Gurdial pura bushes, Kulwant Kaur is sitting near the tree on the passage passing through Gurdial pura towards its eastern side and is selling poppy husk. If now a raid is conducted then Kulwant Kaur W/o Late Lakhwinder Singh @ Lakha R/o Village Marrori, PS: Sadar Samana, District Patiala can be apprehended with heavy poppy husk and the articles of selling the same. As the information is reliable and confirm, therefore the act of Angrej Singh of bringing poppy husk, making his mother Kulwant Kaur sit in the bushes of Gurdialpura, sending customers and selling poppy husk MEENU 2025.05.09 17:02 I attest to the accuracy and integrity of this document CRM-M-25299-2025 -3- satisfies the provisions of offence Us 15/61/85 NDPS Act. Therefore a raqua after writing and typing on laptop and after taking printout alongwith notice U/s 42 NDPS Act is being sent to the police station for registration of FIR against Angrej Singh S/o Late Lakhwinder Singh @ Lakha and Kulwant Kaur W/o Late Lakhwinder Singh @ Lakha R/o Village Marrori, PS: Sadar Samana, District Patiala at the hands of Farmaan Singh no 18252/Pta. FIR be registered and file number be intimated and higher officers be intimated through E mail. I alongwith fellow officials and after intimating them about secrete information leaves of Gurdialpura for conducting raid. In the area of Bakhra River Bridge, Pahetha at 1:00 PM.” 4. It is pleaded in the petition that the petitioner is falsely implicated in the present case and recovery of 10 kgs of poppy husk was not effected from his conscious possession. The petitioner asserts that the allegations mentioned in the FIR against him and his mother are entirely baseless and that the recovery has been falsely planted upon them. A perusal of the petition further indicates that the petitioner has given an undertaking expressing his willingness to join the investigation and cooperate fully with the Investigating Officer. 5. Considering the fact that the recovery of contraband i.e., 10 kgs of poppy husk is non-commercial in nature and the story of the prosecution suffers from serious ambiguity as it is not probable that both mother and son after hiding themselves behind the bushes sell poppy husk to the customers, this Court is of the considered view that there is no valid or cogent reason to deny the bail to the present petitioner, wherein he has bona fide intentions and is ready and willing to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency in time. 6. 6. Hence, the petitioner is directed to be released on anticipatory bail subject to his joining investigation with the Investigating Officer concerned within MEENU 2025.05.09 17:02 I attest to the accuracy and integrity of this document CRM-M-25299-2025 -4- a period of ten days from today, on furnishing of personal/surety bonds to his satisfaction. The petitioner shall also abide by the terms and conditions as envisaged under Section 482(2) of BNSS, which are reproduced below:- ‘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, as it 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 promise to any person acquainted with the facts of the case so as to 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.’ 7. However, it is made clear that in case the petitioner does not comply with the aforesaid direction of joining the investigation within a period of ten days, the order passed by this Court today shall automatically stands cancelled. 8. In the aforesaid terms, the present petition stands allowed. (SANDEEP MOUDGIL) 09.05.2025 JUDGE Meenu Whether speaking/reasoned Yes/No Whether reportable Yes/No MEENU 2025.05.09 17:02 I attest to the accuracy and integrity of this document