103 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-31718-2026 DECIDED ON: 09.07.2026 KARTIK @ JATT .....PETITIONER VERSUS STATE OF PUNJAB .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH. Present: Mr. Chandan Singh Rana, Advocate, for the petitioner. Mr. Manjinder Singh Bhullar, DAG, Punjab. SANJAY VASHISTH , J (ORAL) 1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No. Date Section(s) Police Station District Kartik @ Jatt, aged about 21 years 291 31.12.2025 21 of NDPS Act and (section 29 of NDPS Act added later on) City Jagraon Ludhiana Rural 2. On 29.05.2026, following order was passed:- “2. FIR in the present case was registered on the basis of the secret information received against co- accused Sanjeev Kumar alias Sanju, who was apprehended on 31.12.2025, and found in possession of 262 grams of heroin, without any licence or permit. It is further submitted that during the course of investigation, name of the present petitioner has surfaced in the case, on the basis of a disclosure LAVISHA 2026.07.09 17:32 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-31718-2026 -2- statement made by the co-accused Sanjeev Kumar alias Sanju. 3. Learned counsel for the petitioner argues that petitioner has been falsely implicated in the present case. It is contended that since one another case is already registered against the petitioner, he is known to the police officials, and in an attempt to inflate the number of cases against him, he has been roped in as an accused in the present matter. It is further submitted that, apart from the disclosure statement of the co-accused, no independent or substantive evidence has been collected by the prosecution to establish the petitioner’s involvement in the present case. Lastly, it is contended that petitioner is ready and willing to join the investigation and to fully cooperate with the investigating agency. Thus, counsel prays for grant of concession of anticipatory bail to the petitioner in the present case. 4. Notice of motion. 5. On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab, puts in appearance on behalf of the respondent – State, and seeks some time to file status report in the matter. 6. Adjourned to 09.07.2026. To be shown in the urgent list. 7. Let status report be filed by the State, detailing therein whether any evidence, other than the disclosure statement, has been collected by the Investigating Officer after the arrest of the main accused, or not. 8. Meanwhile, petitioner shall not be arrested. However, issue of joining of investigation by the petitioner would be examined on the next date of hearing, after reviewing the status report, which is yet to be filed by learned State counsel.” 3. From the status report dated 20.06.2026, filed by the State and appended with the present petition, it emerges that accused Sanjeev Kumar alias Sanju was apprehended on 31.12.2025 with 262 grams of heroin. It is further stated that after his arrest, on 03.01.2026, his disclosure statement was recorded, wherein petitioner was named as supplier of the recovered contraband. LAVISHA 2026.07.09 17:32 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-31718-2026 -3- 4. It has further been explained in the status report that accused Sanjeev Kumar alias Sanju was using mobile No. 99157-66960, while petitioner was using mobile No. 97796-55170. According to the call detail records annexed with the status report, there were telephonic contacts between the petitioner and the said accused. 5. A perusal of the call detail records, however, reveals that two mobile numbers were found to be in contact only on a few occasions. Besides, it is not disputed that petitioner is the son of main accused, Sanjeev Kumar alias Sanju. In such circumstances, occasional telephonic communication between the two cannot, by itself, be regarded as an incriminating circumstance, sufficient to establish petitioner's involvement in the alleged offence. 6. Prima facie, material placed on record does not conclusively indicate petitioner's involvement in the commission of alleged offence. Needless to observe, that it shall be incumbent upon the prosecution to establish the charges against the petitioner beyond reasonable doubt by leading cogent and convincing evidence, during the course of trial. 7. Therefore, in the facts and circumstances of the case, this Court does not find it necessary to keep the present petition pending any further and, accordingly, deems it appropriate to dispose of the same, with the direction to the petitioner to join the investigation within two weeks from today or as and when called by the investigating officer, and in the eventuality of the arrest, petitioner would be released on anticipatory bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the LAVISHA 2026.07.09 17:32 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-31718-2026 -4- conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 8. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. 9. However, it is made clear that the aforesaid concession shall be deemed to be rendered inoperative, in the event, petitioner fails to join the investigation, within the stipulated time, or fails to comply with the terms and conditions, as may be imposed, in accordance with law. 10. With the directions recorded here above, present petition stands disposed of. (SANJAY VASHISTH) 09.07.2026 JUDGE Lavisha Whether speaking/reasoned Yes/No Whether reportable Yes/No LAVISHA 2026.07.09 17:32 I attest to the accuracy and integrity of this document PHHC, Chandigarh