CRM CRM CRM CRM----M M M M----47820 47820 47820 47820 214 214 214 214 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 Jasbir Kumar @ Jasvir Kumar State of Punjab CORAM: CORAM: CORAM: CORAM: Present Present Present Present: SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) concession of 19.05.2025, registered for offences punishable under Sections of the NDPS Act 2. preferred this petition judgments of the 47820 47820 47820 47820----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: Jasbir Kumar @ Jasvir Kumar versus 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 None for the petitioner. 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 NDPS Act, at Police Station Mehtiana, Hoshiarpur. On 28.08.2025, the following order was passed: ““““Apprehending his arrest in FIR No.47 dated 19.05.2025 registered for offences punishable under Sections 22, 29, 61, 85 of NDPS Act, at Police Station Mehtiana, District preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking prearrest bail. Counsel for the petitioner, inter alia sought to be implicated into the FIR in 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 judgments of the Hon’ble Supreme Court in State of Haryana’ State of Haryana’ State of Haryana’ State of Haryana’ bearing 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 ‘State by (NCB) Bengaluru ‘State by (NCB) Bengaluru ‘State by (NCB) Bengaluru 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----47820 47820 47820 47820----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: September 25 September 25 September 25 September 25,,,, 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 Mr. Jaypreet 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.47 dated registered for offences punishable under Sections 22, 29, 61, 85 Mehtiana, Hoshiarpur. the following order was passed: Apprehending his arrest in FIR No.47 dated 19.05.2025 for offences punishable under Sections 22, 29, 61, 85 of NDPS Station Mehtiana, District Hoshiarpur; the petitioner has under Section 482 of Bharatiya Nagarik Suraksha 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 ‘Vijay Singh versus The ‘Vijay Singh versus The ‘Vijay Singh versus The Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) ‘State by (NCB) Bengaluru ‘State by (NCB) Bengaluru ‘State by (NCB) Bengaluru ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad vs. Pallulabid Ahmad vs. Pallulabid Ahmad vs. Pallulabid Ahmad 1111 ....Petitioner ....Respondent of the for grant of dated 22, 29, 61, 85 Apprehending his arrest in FIR No.47 dated 19.05.2025 for offences punishable under Sections 22, 29, 61, 85 of NDPS Hoshiarpur; the petitioner has under Section 482 of Bharatiya Nagarik Suraksha , contends that the petitioner is 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, of the ‘Vijay Singh versus The ‘Vijay Singh versus The ‘Vijay Singh versus The ‘Vijay Singh versus The Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) vs. Pallulabid Ahmad vs. Pallulabid Ahmad vs. Pallulabid Ahmad vs. Pallulabid Ahmad MAHAVIR SINGH 2025.09.25 17:53 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----47820 47820 47820 47820----2025 2025 2025 2025 2222 Arimutta Arimutta Arimutta Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. Singh vs. Singh vs. Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592, ‘Smt. State of Tamil Nadu, AIR 2020 Supreme Court 5592, ‘Smt. State of Tamil Nadu, AIR 2020 Supreme Court 5592, ‘Smt. State of Tamil Nadu, AIR 2020 Supreme Court 5592, ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Gujrat, Gujrat, Gujrat, Narcotics Control Bureau’ 2024 INSC 29 Narcotics Control Bureau’ 2024 INSC 29 Narcotics Control Bureau’ 2024 INSC 29 Narcotics Control Bureau’ 2024 INSC 29 and ‘Jugraj Singh ‘Jugraj Singh ‘Jugraj Singh ‘Jugraj Singh Vs. State of Vs. State of Vs. State of Vs. State of Punjab’ Punjab’ Punjab’ Punjab’ bearing Special Leave to Appeal Special Leave to Appeal Special Leave to Appeal Special Leave to Appeal (Crl.)No.9190/2025 (Crl.)No.9190/2025 (Crl.)No.9190/2025 (Crl.)No.9190/2025. Notice of motion. On the strength of advance notice; Mr. Kunwarbir Singh, AAG, Punjab has entered appearance on behalf of the respondent-State of Punjab. Adjourned to 25.09.2025. State is at liberty to file reply, if so required. The petitioner is directed to appear before the Investigating Officer on 03.09.2025 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 Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.”””” 3. Learned State counsel (on instructions) has submitted that pursuant to the order dated 28.08.2025, the petitioner has indeed joined investigation, and his custodial interrogation is not required. 4. Keeping in view the factual milieu of the case in hand, especially the factum of the petitioner having joined investigation, he is not required for custodial interrogation, and he being arrayed as an accused on the basis of disclosure statement, this Court is inclined to confirm the order dated 28.08.2025, in light of the dicta of judgment passed by this Court in CRM CRM CRM CRM----M M M M----54032 54032 54032 54032----2024 ‘Ashu Vs. State of Punjab’ 2024 ‘Ashu Vs. State of Punjab’ 2024 ‘Ashu Vs. State of Punjab’ 2024 ‘Ashu Vs. State of Punjab’ and the judgment passed by the Hon’ble Supreme Court in ‘Jugraj Singh Vs. State of Haryana Jugraj Singh Vs. State of Haryana Jugraj Singh Vs. State of Haryana Jugraj Singh Vs. State of Haryana bearing Special Leave to Appeal (Crl.) No.9190/2025 Special Leave to Appeal (Crl.) No.9190/2025 Special Leave to Appeal (Crl.) No.9190/2025 Special Leave to Appeal (Crl.) No.9190/2025. 5. Accordingly, the petition is allowed, and the order dated 28.08.2025 granting interim anticipatory bail to the petitioner is hereby made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. MAHAVIR SINGH 2025.09.25 17:53 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----47820 47820 47820 47820----2025 2025 2025 2025 3333 6. 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. 7. 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 or upon showing any other sufficient cause. 8. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 9. Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) JUDGE JUDGE JUDGE JUDGE September 25 September 25 September 25 September 25,,,, 2025 2025 2025 2025 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2025.09.25 17:53 I attest to the accuracy and authenticity of this order/ judgment