CRM CRM CRM CRM----M M M M----40293 40293 40293 40293 227 227 227 227 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 Bikkar 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 02.03.2025, under Section the NDPS Act added later on) District Sangrur. 2. pre judgments of the 40293 40293 40293 40293----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: Bikkar 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. Satnam Singh Gill, Advocate 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 15 of the NDPS Act the NDPS Act added later on), registered at Police Station District Sangrur. On 29.07.2025, the following order was passed: “Apprehending his arrest in FIR No.46 dated 02.03.2025 registered for offences punishable under Section 15 of NDPS Act, 1985 (Sections 25 & 29 of the NDPS Act added lateron) at Police Station Bhawanigarh, District Sangrur; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. Counsel for the petitioner, inter alia 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 Appea Special Leave to Appea Special Leave to Appea Special Leave to Appea ‘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’ 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----40293 40293 40293 40293----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 Advocate 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.46 dated of the NDPS Act, 1985 (Sections 25 and 29 of registered at Police Station Bhawanigarh, the following order was passed: Apprehending his arrest in FIR No.46 dated 02.03.2025 for offences punishable under Section 15 of NDPS Act, 1985 of the NDPS Act added lateron) at Police Station Sangrur; the petitioner has preferred this petition Nagarik Suraksha Sanhita, 2023 seeking 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 investigation and cooperate therein. In order to buttress his arguments, counsel for the petitioner 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 Appea Special Leave to Appea Special Leave to Appea Special Leave to Appeal (Crl.) No(s).1266/2023 l (Crl.) No(s).1266/2023 l (Crl.) No(s).1266/2023 l (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’ ....Petitioner ....Respondent of the for grant of dated of Bhawanigarh, Apprehending his arrest in FIR No.46 dated 02.03.2025 for offences punishable under Section 15 of NDPS Act, 1985 of the NDPS Act added lateron) at Police Station Sangrur; the petitioner has preferred this petition Nagarik Suraksha Sanhita, 2023 seeking ends 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 investigation and cooperate therein. In order to buttress his arguments, 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 , vs. Pallulabid Ahmad Arimutta & Anr’ vs. Pallulabid Ahmad Arimutta & Anr’ vs. Pallulabid Ahmad Arimutta & Anr’ vs. Pallulabid Ahmad Arimutta & Anr’ MAHAVIR SINGH 2025.08.12 18:44 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----40293 40293 40293 40293 3. dated 05.08.2025 Sub Division, Bhawanigarh, District Sangrur, in t taken on record. for the petitioner. Singh) has stated that pursuant to the order dated has indeed required. 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 & 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. 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 40293 40293 40293 40293----2025 2025 2025 2025 2022(1) RCR (Criminal) 762, ‘Tofan 2022(1) RCR (Criminal) 762, ‘Tofan 2022(1) RCR (Criminal) 762, ‘Tofan 2022(1) RCR (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 Guj Chandmiya @ Ladoo Bapu vs. State of Guj Chandmiya @ Ladoo Bapu vs. State of Guj Chandmiya @ Ladoo Bapu vs. State of Guj 2024 INSC 290. 2024 INSC 290. 2024 INSC 290. 2024 INSC 290. Notice of motion. On the strength of advance notice; Mr. Gurpartap S. Bhullar, AAG, Punjab has entered appearance on behalf of the respondent Punjab. Adjourned to 06.08.2025. State is directed to file reply, if so advised. The petitioner is directed to appear before the Investigating Officer on 01.08.2025 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, investigation. He shall abide by the condition(s) 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. Learned State counsel has filed reply by way of an affidavit dated 05.08.2025 of Rahul Kaushal, PPS, Deputy Superintendent of Police, Sub Division, Bhawanigarh, District Sangrur, in t taken on record. A copy thereof has been furnished to the learned counsel for the petitioner. Learned State counsel (on instructions ) has stated that pursuant to the order dated indeed joined investigation, and his 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 & 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. 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 2222 2022(1) RCR (Criminal) 762, ‘Tofan 2022(1) RCR (Criminal) 762, ‘Tofan 2022(1) RCR (Criminal) 762, ‘Tofan 2022(1) RCR (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 Guj Chandmiya @ Ladoo Bapu vs. State of Guj Chandmiya @ Ladoo Bapu vs. State of Guj Chandmiya @ Ladoo Bapu vs. State of Gujrat, rat, rat, rat, Narcotics Control Bureau’ Narcotics Control Bureau’ Narcotics Control Bureau’ Narcotics Control Bureau’ On the strength of advance notice; Mr. Gurpartap S. Bhullar, AAG, Punjab has entered appearance on behalf of the respondent-State of ile reply, if so advised. The petitioner is directed to appear before the Investigating Officer 01.08.2025 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.” Learned State counsel has filed reply by way of an affidavit of Rahul Kaushal, PPS, Deputy Superintendent of Police, Sub Division, Bhawanigarh, District Sangrur, in the Court, and the same is A copy thereof has been furnished to the learned counsel Learned State counsel (on instructions from ASI Gurdev ) has stated that pursuant to the order dated 29.07.2025, the petitioner and his custodial interrogation is not 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 & 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. 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 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’ On the strength of advance notice; Mr. Gurpartap S. Bhullar, AAG, State of The petitioner is directed to appear before the Investigating Officer 01.08.2025 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 the petitioner shall join the under Section Learned State counsel has filed reply by way of an affidavit of Rahul Kaushal, PPS, Deputy Superintendent of Police, he Court, and the same is A copy thereof has been furnished to the learned counsel ASI Gurdev , the petitioner not 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 ‘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 MAHAVIR SINGH 2025.08.12 18:44 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----40293 40293 40293 40293 dated 29.07.2025 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 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: 40293 40293 40293 40293----2025 2025 2025 2025 .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 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 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 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 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 or upon showing any other Needless to say that anything observed herein above shall not MAHAVIR SINGH 2025.08.12 18:44 I attest to the accuracy and authenticity of this order/ judgment