CRM CRM CRM CRM----M M M M----35745 35745 35745 35745 223 (1 223 (1 223 (1 223 (1stststst case) case) case) case) 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 Rajan 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 03.06.2025, under Section added later on vide DDR No.21 dated Station Rahon, District SBS Nagar 2. judgments of the Hon’ble Supreme Court in 35745 35745 35745 35745----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: 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. R.D. Rattewal, Advocate for Mr. Jasjit 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 FIR No. , under Section 22 of the NDPS Act (Section 29 of the NDPS Act added later on vide DDR No.21 dated 04.06.2025) Rahon, District SBS Nagar. On 10.07.2025, the following order was passed: “Counsel for the petitioner, inter alia 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 allegedly recovered & the petitioner is willing to join investigation and cooperate therein. 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 of Haryana’ of Haryana’ of Haryana’ of Haryana’ bearing Special Leave to Appeal (Crl. Special Leave to Appeal (Crl. Special Leave to Appeal (Crl. Special Leave to Appeal (Crl. ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 and ‘Smt. Najmunisha, Abdul Hamid 2020 Supreme Court 5592 and ‘Smt. Najmunisha, Abdul Hamid 2020 Supreme Court 5592 and ‘Smt. Najmunisha, Abdul Hamid 2020 Supreme Court 5592 and ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Na Chandmiya @ Ladoo Bapu vs. State of Gujrat, Na Chandmiya @ Ladoo Bapu vs. State of Gujrat, Na Chandmiya @ Ladoo Bapu vs. State of Gujrat, Na 2024 INSC 290. 2024 INSC 290. 2024 INSC 290. 2024 INSC 290. Notice of motion. 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----35745 35745 35745 35745----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: August 12, August 12, August 12, August 12, 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 for the petitioner. 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.64 dated of the NDPS Act (Section 29 of the NDPS Act 04.06.2025), registered at Police the following order was passed: inter alia, contends that the petitioner is sought to be implicated into the FIR in question solely on the basis of a accused from whom the contraband in question has been allegedly recovered & the petitioner is willing to join igation and cooperate therein. 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 versus The State ‘Vijay Singh versus The State ‘Vijay Singh versus The State ‘Vijay Singh versus The State Special Leave to Appeal (Crl. Special Leave to Appeal (Crl. Special Leave to Appeal (Crl. Special Leave to Appeal (Crl.) No(s).1266/2023 ) No(s).1266/2023 ) No(s).1266/2023 ) No(s).1266/2023, ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 and ‘Smt. Najmunisha, Abdul Hamid 2020 Supreme Court 5592 and ‘Smt. Najmunisha, Abdul Hamid 2020 Supreme Court 5592 and ‘Smt. Najmunisha, Abdul Hamid 2020 Supreme Court 5592 and ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Na Chandmiya @ Ladoo Bapu vs. State of Gujrat, Na Chandmiya @ Ladoo Bapu vs. State of Gujrat, Na Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics Control Bureau’ rcotics Control Bureau’ rcotics Control Bureau’ rcotics Control Bureau’ ....Petitioner ....Respondent of the for grant of dated of the NDPS Act (Section 29 of the NDPS Act registered at Police , contends that the petitioner is sought to be implicated into the FIR in question solely on the basis of a accused from whom the contraband in question has been allegedly recovered & the petitioner is willing to join igation and cooperate therein. In order to buttress his arguments, learned counsel for the petitioner has relied upon the dicta of the ‘Vijay Singh versus The State ‘Vijay Singh versus The State ‘Vijay Singh versus The State ‘Vijay Singh versus The State , ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 and ‘Smt. Najmunisha, Abdul Hamid 2020 Supreme Court 5592 and ‘Smt. Najmunisha, Abdul Hamid 2020 Supreme Court 5592 and ‘Smt. Najmunisha, Abdul Hamid 2020 Supreme Court 5592 and ‘Smt. Najmunisha, Abdul Hamid rcotics Control Bureau’ rcotics Control Bureau’ rcotics Control Bureau’ rcotics Control Bureau’ MAHAVIR SINGH 2025.08.12 18:43 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----35745 35745 35745 35745 3. has stated that pursuant to the order dated indeed joined investigation, 4. stance of the State Hon’ble Supreme Court in bearing Special Leave Special Leave Special Leave Special Leave Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 and ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. Sta ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. Sta ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. Sta ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. Sta of Gujrat, Narcotics Control Bureau’ 2024 INSC 290 of Gujrat, Narcotics Control Bureau’ 2024 INSC 290 of Gujrat, Narcotics Control Bureau’ 2024 INSC 290 of Gujrat, Narcotics Control Bureau’ 2024 INSC 290 dated 10.07.2025 under Section 5. be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned other incident that involves commission o 6. cancellation/recall of this order in case the petitioner violates any condition 35745 35745 35745 35745----2025 2025 2025 2025 On the strength of advance notice; Mr. Jatinder Pal Singh, Sr. DAG, Punjab has entered appearance on behalf of the respondent State is mandated to file reply, if so advised. Adjourned to 06.08.2025. The petitioner is directed to appear before the Investigating Officer on 17.07.2025 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 further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Sec 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. Learned State counsel (on instructions has stated that pursuant to the order dated joined investigation, and his custodial interroga Having heard learned counsel for the parties and stance of the State and the ratio decidendi of the Hon’ble Supreme Court in ‘Vijay Singh versus The State of Haryana’ ‘Vijay Singh versus The State of Haryana’ ‘Vijay Singh versus The State of Haryana’ ‘Vijay Singh versus The State of Haryana’ Special Leave Special Leave Special Leave Special Leave to Appeal (Crl.) No(s).1266/2023 to Appeal (Crl.) No(s).1266/2023 to Appeal (Crl.) No(s).1266/2023 to Appeal (Crl.) No(s).1266/2023 Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. Sta ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. Sta ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. Sta ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. Sta of Gujrat, Narcotics Control Bureau’ 2024 INSC 290 of Gujrat, Narcotics Control Bureau’ 2024 INSC 290 of Gujrat, Narcotics Control Bureau’ 2024 INSC 290 of Gujrat, Narcotics Control Bureau’ 2024 INSC 290 10.07.2025 is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. 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. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition 2222 On the strength of advance notice; Mr. Jatinder Pal Singh, Sr. DAG, Punjab has entered appearance on behalf of the respondent-State. State is mandated to file reply, if so advised. The petitioner is directed to appear before the Investigating Officer on 17.07.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on 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 from ASI Mohan Singh) has stated that pursuant to the order dated 10.07.2025, the petitioner has custodial interrogation is not required. counsel for the parties and in view of the of the judgments passed by the ‘Vijay Singh versus The State of Haryana’ ‘Vijay Singh versus The State of Haryana’ ‘Vijay Singh versus The State of Haryana’ ‘Vijay Singh versus The State of Haryana’ to Appeal (Crl.) No(s).1266/2023 to Appeal (Crl.) No(s).1266/2023 to Appeal (Crl.) No(s).1266/2023 to Appeal (Crl.) No(s).1266/2023, ‘State by (NCB) ‘State by (NCB) ‘State by (NCB) ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. Sta ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. Sta ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. Sta ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State te te te of Gujrat, Narcotics Control Bureau’ 2024 INSC 290 of Gujrat, Narcotics Control Bureau’ 2024 INSC 290 of Gujrat, Narcotics Control Bureau’ 2024 INSC 290 of Gujrat, Narcotics Control Bureau’ 2024 INSC 290, the interim order is made absolute, subject to the conditions as enumerated 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 f 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 On the strength of advance notice; Mr. Jatinder Pal Singh, Sr. The petitioner is directed to appear before the Investigating Officer on 17.07.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on 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 tion ) , the petitioner has in view of the the ‘Vijay Singh versus The State of Haryana’ ‘Vijay Singh versus The State of Haryana’ ‘Vijay Singh versus The State of Haryana’ ‘Vijay Singh versus The State of Haryana’ ‘State by (NCB) ‘State by (NCB) ‘State by (NCB) ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 te te te te the interim order is made absolute, subject to the conditions as enumerated 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 Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition MAHAVIR SINGH 2025.08.12 18:43 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----35745 35745 35745 35745 stipulated under Section sufficient cause. 7. be construed to be an opinion on the merits of the case. 8. August August August August 12, 12, 12, 12, 2025 2025 2025 2025 mahavir Whether speaking/reasoned: Whether reportable: 35745 35745 35745 35745----2025 2025 2025 2025 stipulated under Section 482(2) of BNSS sufficient 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 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 or upon showing any other Needless to say that anything observed herein above shall not MAHAVIR SINGH 2025.08.12 18:43 I attest to the accuracy and authenticity of this order/ judgment