CRM CRM CRM CRM----M M M M----37197 37197 37197 37197 223 ( 223 ( 223 ( 223 (2222nd nd nd nd 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 Rahul Kumar 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 37197 37197 37197 37197----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: Rahul Kumar 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 16.07.2025, the following order was passed: “Counsel for the petitioner, inter alia is sought to be implicated into the FIR in question solely on 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.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023 ‘State by (NCB) Bengaluru ‘State by (NCB) Bengaluru ‘State by (NCB) Bengaluru ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ vs. Pallulabid Ahmad Arimutta & Anr’ vs. Pallulabid Ahmad Arimutta & Anr’ vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR 2022(1) RCR 2022(1) RCR 2022(1) RCR (Criminal) 762, ‘Tofan (Criminal) 762, ‘Tofan (Criminal) 762, ‘Tofan (Criminal) 762, ‘Tofan 2020 Supreme Court 5592 and ‘Smt. 2020 Supreme Court 5592 and ‘Smt. 2020 Supreme Court 5592 and ‘Smt. 2020 Supreme Court 5592 and ‘Smt. Chandmiya @ Ladoo Bapu vs. State of Gujrat, Chandmiya @ Ladoo Bapu vs. State of Gujrat, Chandmiya @ Ladoo Bapu vs. State of Gujrat, Chandmiya @ Ladoo Bapu vs. State of Gujrat, 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----37197 37197 37197 37197----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 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 investigation and cooperate therein. In order to buttress his arguments, titioner has relied upon the dicta 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.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023, vs. Pallulabid Ahmad Arimutta & Anr’ vs. Pallulabid Ahmad Arimutta & Anr’ vs. Pallulabid Ahmad Arimutta & Anr’ vs. Pallulabid Ahmad Arimutta & Anr’ (Criminal) 762, ‘Tofan (Criminal) 762, ‘Tofan (Criminal) 762, ‘Tofan (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR Singh vs. State of Tamil Nadu, AIR Singh vs. State of Tamil Nadu, AIR Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 and ‘Smt. 2020 Supreme Court 5592 and ‘Smt. 2020 Supreme Court 5592 and ‘Smt. 2020 Supreme Court 5592 and ‘Smt. Najmunisha, Abdul Hamid Najmunisha, Abdul Hamid Najmunisha, Abdul Hamid Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Chandmiya @ Ladoo Bapu vs. State of Gujrat, Chandmiya @ Ladoo Bapu vs. State of Gujrat, Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics Control Bureau’ Narcotics Control Bureau’ Narcotics Control Bureau’ Narcotics 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 the basis of a 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, titioner 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 , vs. Pallulabid Ahmad Arimutta & Anr’ vs. Pallulabid Ahmad Arimutta & Anr’ vs. Pallulabid Ahmad Arimutta & Anr’ vs. Pallulabid Ahmad Arimutta & Anr’ Singh vs. State of Tamil Nadu, AIR Singh vs. State of Tamil Nadu, AIR Singh vs. State of Tamil Nadu, AIR Singh vs. State of Tamil Nadu, AIR Najmunisha, Abdul Hamid Najmunisha, Abdul Hamid Najmunisha, Abdul Hamid Najmunisha, Abdul Hamid Narcotics Control Bureau’ Narcotics Control Bureau’ Narcotics Control Bureau’ Narcotics Control Bureau’ MAHAVIR SINGH 2025.08.20 10:44 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----37197 37197 37197 37197 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 to Appeal (Crl.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023 Bengaluru vs. Pallulabid Ahmad Arimutta & Bengaluru vs. Pallulabid Ahmad Arimutta & Bengaluru vs. Pallulabid Ahmad Arimutta & Bengaluru vs. Pallulabid Ahmad Arimutta & 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. State ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State 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 16.07.2025 under Section 5. be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR men other incident that involves commission of an offence. 6. cancellation/recall of this order in case the petitioner violates any condition 37197 37197 37197 37197----2025 2025 2025 2025 On the strength of advance notice; DAG, Punjab has entered appearance on behalf of the respondent Punjab. Adjourned to 06.08.2025. To be heard alongwith CRM-M The petitioner is directed to appear before the Investigating Officer on 22.07.2025 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 Off further called by Investigating Officer, investigation. He shall abide by the condition(s) 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 interrogation is 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 to Appeal (Crl.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023 Bengaluru vs. Pallulabid Ahmad Arimutta & Bengaluru vs. Pallulabid Ahmad Arimutta & Bengaluru vs. Pallulabid Ahmad Arimutta & Bengaluru vs. Pallulabid Ahmad Arimutta & 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. State ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State 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 .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 of M-35745-2025. The petitioner is directed to appear before the Investigating Officer 2025 at 11:00 A.M. in concerned Police Station and join event of arrest, the petitioner shall be released on furnishing personal/surety bond(s) to the 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.” instructions from ASI Mohan Singh) has stated that pursuant to the order dated 16.07.2025, 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’ Special Leave to Appeal (Crl.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023 Special Leave to Appeal (Crl.) No(s).1266/2023, ‘State by (NCB) ‘State by (NCB) ‘State by (NCB) ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Bengaluru vs. Pallulabid Ahmad Arimutta & Bengaluru vs. Pallulabid Ahmad Arimutta & Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) Anr’ 2022(1) RCR (Criminal) Anr’ 2022(1) RCR (Criminal) 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. State ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State 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 s 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 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 Mr. Jatinder Pal Singh, Sr. State of The petitioner is directed to appear before the Investigating Officer 2025 at 11:00 A.M. in concerned Police Station and join event of arrest, the petitioner shall be released on furnishing personal/surety bond(s) to the icer. As and when the petitioner shall join the enumerated under Section ) , 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) Anr’ 2022(1) RCR (Criminal) Anr’ 2022(1) RCR (Criminal) Anr’ 2022(1) RCR (Criminal) 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. State ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State the interim order s 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 2025.08.20 10:44 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----37197 37197 37197 37197 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: 37197 37197 37197 37197----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 2025 2025 2025 2025 Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 3333 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 or upon showing any other Needless to say that anything observed herein above shall not MAHAVIR SINGH 2025.08.20 10:44 I attest to the accuracy and authenticity of this order/ judgment