CRM-M-32904-2026 1 211 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32904-2026 DECIDED ON: 13.07.2026 DHARAM SINGH @ DHARMA .....PETITIONER VERSUS STATE OF PUNJAB .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH. Present: Mr. Parminder Singh Sekhon, Senior Advocate, with Mr. Rajdeep Singh Gill, 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 Dharam Singh @ Dharma, aged about 25 years 73 27.03.2026 15, 15-C, 29, 61 of NDPS Act, Section 109 of BNS (corresponding to section 307 of IPC) and sections 25, 27 of Arms Act, 1959 Jamalpur Ludhiana 2. Vide order dated 05.06.2026, following order was passed by this Court:- “1. xxxx xxxx xxxx xxx 2. As per the case of prosecution, while police party was present in the area on routine LAVISHA 2026.07.14 10:06 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-32904-2026 2 patrolling duty, a secret informer approached the police and disclosed that a truck, bearing registration No.HR-64A-5376, occupied by certain unknown persons, had been parked at a secluded place within the jurisdiction of Police Station Ladowal after allegedly supplying poppy husk in the area falling under Police Station Jamalpur. It was further informed that several other vehicles, i.e. a Scorpio, bearing registration No.PB-13-BS-2020, a Mahindra Bolero, bearing registration No.PB-10CC-3767, a Fortuner and an Isuzu vehicle, along with some other vehicles, were also stationed at the spot and the occupants thereof were in the process of loading poppy husk into the said vehicles for further supply in the area of Ludhiana city. Acting upon the aforesaid information, a raid was conducted by the police party, pursuant whereto 155 bags/sacks of poppy husk, weighing approximately 3100 kilograms, were allegedly recovered from the aforesaid vehicles. 4. During the course of investigation, one Sukhpreet Singh, Ex-Member of the Panchayat, got his statement recorded before the police, wherein he named Gurcharan Singh and Jaswant Singh as accused persons, who were subsequently arrested on 05.04.2026. 5. Learned counsel for the petitioner submits that after arrest of one of the co-accused, namely Sukhpal Singh, who himself was nominated as an accused on the basis of the disclosure statements made by the already arrested accused, namely Gurcharan Singh and Jaswant Singh, name of the present petitioner surfaced during the investigation, and he was thereafter arrayed as an accused in the present case. 6. Learned counsel further argues that except of the disclosure statements allegedly made by the co-accused, there is no independent incriminating material or substantive evidence available on record, connecting the petitioner with the alleged recovery or the commission of the offence. It is contended that implication of the petitioner is wholly baseless and rests solely upon inadmissible disclosure statement. 7. Additionally, it is submitted that co- accused namely Parminder Singh, has already been granted the concession of interim anticipatory bail by this Court, vide order dated 14.05.2026 passed in CRM-M-27078-2026 (Annexure P-3), which is posted for 13.07.2026. LAVISHA 2026.07.14 10:06 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-32904-2026 3 It is lastly submitted that petitioner is ready and willing to join the investigation and to fully cooperate with the Investigating Agency as and when required, in case, he is granted protection from arrest by this Court. Thus, counsel prays for grant of anticipatory bail to the petitioner in the present case. 8. Notice of motion. 9. On advance notice, Mr. Manjinder Singh Bhullar, DAG, Punjab, puts in appearance on behalf of the respondent – State, and seeks some time to file status report in the matter. 10. Adjourned to 13.07.2026. To be heard along with CRM-M-27078- 2026. 11. 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. Learned Senior Counsel for the petitioner submits that petitioner is ready to join the investigation and fully cooperate, if protected from arrest by this Court. Thus, counsel prays for grant of anticipatory bail to the petitioner in the present case. 4. On the other hand, learned State counsel has filed a status report dated 09.07.2026 in Court today, which is taken on record. Registry is directed to tag the same at the appropriate place in the file. 5. Referring to the status report, learned State counsel submits that investigation conducted by the Investigating Officer reveals that one of the accused, namely Sukhpal Singh, who was in judicial custody, was interrogated and, in his disclosure statement, he specifically stated that the vehicle recovered from the spot, bearing a fake registration number, had been sold by him to the present petitioner. However, on being asked by the Court, learned State counsel fairly conceded that there is no documentary evidence on record to LAVISHA 2026.07.14 10:06 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-32904-2026 4 substantiate the said assertion. Nevertheless, learned State counsel prays for dismissal of the present petition. 6. This Court has heard the learned counsel for the parties and has perused the material available on record. 7. The veracity of allegations is a matter to be established by leading evidence during the course of the trial. At this stage, it would neither be appropriate nor permissible to record any conclusive finding on the merits of those allegations. 8. 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 conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 9. 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. LAVISHA 2026.07.14 10:06 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-32904-2026 5 10. However, it shall be clarified that this order shall be deemed inoperative, if petitioner fails to join and cooperate with the investigation, in terms of the directions mentioned in the present order. 11. With the directions recorded here above, present petition stands disposed of. (SANJAY VASHISTH) 13.07.2026 JUDGE Lavisha Whether speaking/reasoned Yes/No Whether reportable Yes/No LAVISHA 2026.07.14 10:06 I attest to the accuracy and integrity of this document PHHC, Chandigarh