CRM-M-31699 213 IN THE HIGH COURT OF PUNJAB AND HARYANA AT Lovely Kumar State of Punjab CORAM: Present: SUMEET GOEL 1. Bharatiya Nagarik Suraksha Sanhita, 2023 concession of 17.05.2025, under Section 22 Indian Medical Council Act, 1956 and Section 223 of BNS, Police Station 2. 31699-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM- Date of decision: Lovely Kumar versus State of Punjab HON’BLE MR. JUSTICE SUMEET GOEL Mr. Ashok Kumar Khunger, Advocate for Mr. Jasjit Singh, DAG Punjab. ***** SUMEET GOEL, J. (ORAL) Present petition has been filed under Section 482 of the tiya Nagarik Suraksha Sanhita, 2023 (for short ‘BN concession of anticipatory bail to the petitioner in case FIR No. , under Section 22 of the NDPS Act, 1985 Indian Medical Council Act, 1956 and Section 223 of BNS, Police Station City Fazilka, District Fazilka. On 05.06.2025, the following order was passed: “The present petition has been filed under Section 482 of the BNSS, 2023 for grant of pre-arrest bail to the petitioner in case FIR No.0073 dated 17.05.2025 under Section 22 of Narcotic Drugs & Psychotropic Substances Act, 1985 and Section 15 of the Indian Medical Council Act, 1956 and Section 223 of BNS, 2023 regist Station City Fazilka, District Fazilka. Learned counsel appearing on behalf of the petitioner contends that the police has registered the FIR against the petitioner on the basis of a secret information on the allegation that the kingpin involved in supply of contraband. He contends that the petitioner is alleged to have run away from the spot and no recovery has been effected from him. He further submits that there is no other criminal case against the petitioner and he does not suffer from criminal antecedents. He contends that the petitioner is ready and willing to join the investigation as and when so required. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -M-31699-2025 (O&M) Date of decision: July 29, 2025 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL Advocate for the petitioner. Present petition has been filed under Section 482 of the (for short ‘BNSS’) for grant of bail to the petitioner in case FIR No.0073 dated of the NDPS Act, 1985, Section 15 of the Indian Medical Council Act, 1956 and Section 223 of BNS, registered at City Fazilka, District Fazilka. the following order was passed:- The present petition has been filed under Section 482 of the arrest bail to the petitioner in case FIR dated 17.05.2025 under Section 22 of Narcotic Drugs & Substances Act, 1985 and Section 15 of the Indian Medical 1956 and Section 223 of BNS, 2023 registered at Police Fazilka, District Fazilka. Learned counsel appearing on behalf of the petitioner inter alia contends that the police has registered the FIR against the petitioner on basis of a secret information on the allegation that the petitioner is a involved in supply of contraband. He contends that the petitioner to have run away from the spot and no recovery has been He further submits that there is no other criminal case nd he does not suffer from criminal antecedents. petitioner is ready and willing to join the required. Petitioner Respondent Present petition has been filed under Section 482 of the for grant of dated Section 15 of the registered at The present petition has been filed under Section 482 of the arrest bail to the petitioner in case FIR dated 17.05.2025 under Section 22 of Narcotic Drugs & Substances Act, 1985 and Section 15 of the Indian Medical ered at Police inter alia contends that the police has registered the FIR against the petitioner on petitioner is a involved in supply of contraband. He contends that the petitioner to have run away from the spot and no recovery has been He further submits that there is no other criminal case nd he does not suffer from criminal antecedents. petitioner is ready and willing to join the MAHAVIR SINGH 2025.07.29 17:31 I attest to the accuracy and authenticity of this order/ judgment CRM-M-31699 joining investigation, he shall be admitted to int 3. has stated that pursuant to the order dated indeed joined investigation, but his custodial interrogation is required effective investigation. 4. of the record, especially in view of the factum of the petitioner investigation and antecedents, absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023. 5. be read granting petitioner indefinite protection from arrest. confined to the FIR mentioned other incident that involves commission of an offence. 6. cancellation/recall of this order in case the p stipulated under Section 482(2) of BNSS, 2023 or upon showing any other sufficient cause. 31699-2025 (O&M) Notice of motion. Mr. Karunesh Kaushal, AAG, Punjab appears and accept notice on behalf of respondent-State. To come up on 29.07.2025, for further consideration. In the meantime, the petitioner is directed to join investigation and when required by the Investigating Agency. In the event of petitioner joining investigation, he shall be admitted to int officer/investigating officer on furnishing of bail bonds by him to the satisfaction of the arresting officer/investigating officer. The petitioner shall also abide by the conditions as specified under Section 482 of the BNSS, 2023.” Learned State counsel (on instructions has stated that pursuant to the order dated joined investigation, but his custodial interrogation is required effective investigation. Having heard learned counsel for the parties and of the record, especially in view of the factum of the petitioner investigation and no recovery to be made from him, and his having clean , the interim order dated 05.06.2025 absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the p stipulated under Section 482(2) of BNSS, 2023 or upon showing any other sufficient cause. 2 Mr. Karunesh Kaushal, AAG, Punjab appears and accept notice , for further consideration. In the meantime, the petitioner is directed to join investigation as and when required by the Investigating Agency. In the event of petitioner joining investigation, he shall be admitted to interim bail by the arresting officer/investigating officer on furnishing of bail bonds by him to the satisfaction of the arresting officer/investigating officer. The petitioner also abide by the conditions as specified under Section 482 of the Learned State counsel (on instructions from ASI Om Parkash) has stated that pursuant to the order dated 05.06.2025, the petitioner has joined investigation, but his custodial interrogation is required for Having heard learned counsel for the parties and upon perusal of the record, especially in view of the factum of the petitioner having joined no recovery to be made from him, and his having clean .2025 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be and will not operate in respect of any other incident that involves commission of an offence. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS, 2023 or upon showing any other Mr. Karunesh Kaushal, AAG, Punjab appears and accept notice as and when required by the Investigating Agency. In the event of petitioner erim bail by the arresting officer/investigating officer on furnishing of bail bonds by him to the satisfaction of the arresting officer/investigating officer. The petitioner also abide by the conditions as specified under Section 482 of the ) , the petitioner has for upon perusal having joined no recovery to be made from him, and his having clean passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of This order should not be treated as “blanket” order. It will not It shall be and will not operate in respect of any Liberty is reserved in favour of State/complainant to move for etitioner violates any condition stipulated under Section 482(2) of BNSS, 2023 or upon showing any other MAHAVIR SINGH 2025.07.29 17:31 I attest to the accuracy and authenticity of this order/ judgment CRM-M-31699 7. be construed to be an opinion on the merits of the case. 8. July 29, 2025 mahavir Whether speaking/reasoned: Whether reportable: 31699-2025 (O&M) Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. Pending application(s), if any, shall also stand disposed of. , 2025 Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 3 Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) JUDGE Needless to say that anything observed herein above shall not MAHAVIR SINGH 2025.07.29 17:31 I attest to the accuracy and authenticity of this order/ judgment