CRM CRM CRM CRM----M M M M----35395 35395 35395 35395 209 209 209 209 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT Gurwinder Singh State of Punjab CORAM: CORAM: CORAM: CORAM: Present Present Present Present: SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 1. Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) concession of 05.06.2025, NDPS Act, at Police Station Dhariwal, District Gurdaspur 2. 35395 35395 35395 35395----2025 2025 2025 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM---- Date of decision: Date of decision: Date of decision: Date of decision: Singh versus State of Punjab HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Manoj R. Sharma, Advocate Mr. Jaypreet Singh, DAG Punjab. ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) concession of anticipatory bail to the petitioner in case registered for offences punishable under Sections 21(b)/ 29 of at Police Station Dhariwal, District Gurdaspur On 21.07.2025, the following order was passed: “Apprehending his arrest in FIR No.69 dated 05.06.2025 registered for offences punishable under Sections 21(b)/ 29 of NDPS Act at Police Station Dhariwal, District Gurdaspur; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik 2023 seeking pre-arrest bail. Inter alia, contends that the petitioner is sought to be implicated into the FIR in question solely on the basis of a disclosure statement made by co-accused from whom the contraband in question has been al recovered & the petitioner is willing to join investigation and cooperate therein. Learned counsel for the petitioner has further submitted that, though, the petitioner is said to be involved in another NDPS case FIR, but the petitioner is sought to be arraigned in the said FIR only on the basis of disclosure, which was not to the knowledge of the petitioner. In order to buttress his arguments, learned counsel for the petitioner has relied upon the dicta of the judgments of the Hon’ble Supreme Court versus The State of Haryana’ versus The State of Haryana’ versus The State of Haryana’ versus The State of Haryana’ bearing 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH ----M M M M----35395 35395 35395 35395----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: August 20 August 20 August 20 August 20,,,, 2025 2025 2025 2025 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Advocate for the petitioner. Singh, DAG Punjab. Present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of bail to the petitioner in case FIR No.69 dated registered for offences punishable under Sections 21(b)/ 29 of at Police Station Dhariwal, District Gurdaspur. the following order was passed: Apprehending his arrest in FIR No.69 dated 05.06.2025 registered for offences punishable under Sections 21(b)/ 29 of NDPS Act at Police Station Dhariwal, District Gurdaspur; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, Inter alia, contends that the petitioner is sought to be implicated into the FIR in question solely on the basis of a disclosure statement made accused from whom the contraband in question has been allegedly recovered & the petitioner is willing to join investigation and cooperate therein. Learned counsel for the petitioner has further submitted that, though, the petitioner is said to be involved in another NDPS case FIR, but o be arraigned in the said FIR only on the basis of disclosure, which was not to the knowledge of the petitioner. In order to buttress his arguments, learned counsel for the petitioner has relied upon the dicta of the judgments of the Hon’ble Supreme Court in ‘Vijay Singh ‘Vijay Singh ‘Vijay Singh ‘Vijay Singh bearing Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) 1111 ....Petitioner ....Respondent of the for grant of FIR No.69 dated registered for offences punishable under Sections 21(b)/ 29 of Apprehending his arrest in FIR No.69 dated 05.06.2025 registered for offences punishable under Sections 21(b)/ 29 of NDPS Act at Police Station Dhariwal, District Gurdaspur; the petitioner has preferred Suraksha Sanhita, Inter alia, contends that the petitioner is sought to be implicated into the FIR in question solely on the basis of a disclosure statement made legedly recovered & the petitioner is willing to join investigation and cooperate therein. Learned counsel for the petitioner has further submitted that, though, the petitioner is said to be involved in another NDPS case FIR, but o be arraigned in the said FIR only on the basis of disclosure, which was not to the knowledge of the petitioner. In order to buttress his arguments, learned counsel for the petitioner has relied upon ‘Vijay Singh ‘Vijay Singh ‘Vijay Singh ‘Vijay Singh Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) MAHAVIR SINGH 2025.08.20 17:17 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----35395 35395 35395 35395 3. pursuant to the order dated investigation, 4. especially the factum of the petitioner having joined required for custodial interrogation the basis of disclosure statement, this Court is inclined to confirm the order dated 21.07.2025, in light of the dicta of judgment passed by this Court in CRM CRM CRM CRM----M M M M----54032 54032 54032 54032 5. 21.07.2025 granting interim anticipatory bail to the petitioner made absolute, subject to the conditions as enumerated under Section 4 of BNSS. 6. be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned other incident that inv 35395 35395 35395 35395----2025 2025 2025 2025 No(s).1266/2023 No(s).1266/2023 No(s).1266/2023 No(s).1266/2023, ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 55 Tamil Nadu, AIR 2020 Supreme Court 55 Tamil Nadu, AIR 2020 Supreme Court 55 Tamil Nadu, AIR 2020 Supreme Court 55 Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics Control Bureau’ 2024 INSC 290. Control Bureau’ 2024 INSC 290. Control Bureau’ 2024 INSC 290. Control Bureau’ 2024 INSC 290. Adjourned to 20.08.2025. The petitioner is directed to appear before the Investigating Officer on 28.07.2025 at 11:00 A.M. in conc investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. Learned State counsel (on instructions) has ursuant to the order dated 21.07.2025 investigation, and his custodial interrogation is Keeping in view the factual milieu of the case in hand, especially the factum of the petitioner having joined required for custodial interrogation, and he the basis of disclosure statement, this Court is inclined to confirm the order .07.2025, in light of the dicta of judgment passed by this Court in 54032 54032 54032 54032----2024 ‘Ashu Vs. State of Punjab’ 2024 ‘Ashu Vs. State of Punjab’ 2024 ‘Ashu Vs. State of Punjab’ 2024 ‘Ashu Vs. State of Punjab’ Accordingly, the petition is allowed 2025 granting interim anticipatory bail to the petitioner made absolute, subject to the conditions as enumerated under Section 4 This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 2222 ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 55 Tamil Nadu, AIR 2020 Supreme Court 55 Tamil Nadu, AIR 2020 Supreme Court 55 Tamil Nadu, AIR 2020 Supreme Court 5592 and ‘Smt. Najmunisha, 92 and ‘Smt. Najmunisha, 92 and ‘Smt. Najmunisha, 92 and ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics The petitioner is directed to appear before the Investigating Officer on 28.07.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.” Learned State counsel (on instructions) has submitted that .2025, the petitioner has joined custodial interrogation is not required. Keeping in view the factual milieu of the case in hand, especially the factum of the petitioner having joined investigation, he is not he being arrayed as an accused on the basis of disclosure statement, this Court is inclined to confirm the order .07.2025, in light of the dicta of judgment passed by this Court in 2024 ‘Ashu Vs. State of Punjab’ 2024 ‘Ashu Vs. State of Punjab’ 2024 ‘Ashu Vs. State of Punjab’ 2024 ‘Ashu Vs. State of Punjab’.... Accordingly, the petition is allowed, and the order dated 2025 granting interim anticipatory bail to the petitioner is hereby made absolute, subject to the conditions as enumerated under Section 482(2) 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 olves commission of an offence. 2222 ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of 92 and ‘Smt. Najmunisha, 92 and ‘Smt. Najmunisha, 92 and ‘Smt. Najmunisha, 92 and ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics The petitioner is directed to appear before the Investigating Officer erned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section that joined Keeping in view the factual milieu of the case in hand, he is not being arrayed as an accused on the basis of disclosure statement, this Court is inclined to confirm the order .07.2025, in light of the dicta of judgment passed by this Court in the order dated hereby (2) 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 MAHAVIR SINGH 2025.08.20 17:17 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----35395 35395 35395 35395 7. cancellation/recall of this order in case the petitioner violates any condition stipulated under Section sufficient cause. 8. be construed to be an opinion on the merits of the case. 9. August 20 August 20 August 20 August 20,,,, 2025 2025 2025 2025 mahavir Whether speaking/reasoned: Whether reportable: 35395 35395 35395 35395----2025 2025 2025 2025 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 cause. 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 2025 2025 2025 Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 3333 Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition 482(2) of BNSS or upon showing any other 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) (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) JUDGE JUDGE JUDGE JUDGE 3333 Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition or upon showing any other Needless to say that anything observed herein above shall not MAHAVIR SINGH 2025.08.20 17:17 I attest to the accuracy and authenticity of this order/ judgment