CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 108 Malkeet Singh Union of India Date of decision: Date of Uploading : 22.07.2026 CORAM: Present: SUMEET GOEL 1. seeking grant of anticipatory/pre Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘BNSS’) in NCB Crime No.04/2026 dated 19.01.2026 register punishable under Sections 8/20/23/27 Station Narcotic Control Bureau, Amritsar Zonal Unit. 2. described in the impugned order (rejecting anticipator petitioner by the concerned Special Judge) reads thus: -35595-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Malkeet Singh V/s Union of India Date of decision: 22.07.2026 Date of Uploading : 22.07.2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Mr. B.S. Bhalla, Advocate for the petitioner. Mr. Rajiv Sharma (Hissarwala), Special Public Prosecutor with Mr. Vinayak Atri, Advocate for the respondent ***** SUMEET GOEL, J. (Oral) Present petition has been filed on behalf of the petitioner seeking grant of anticipatory/pre-arrest bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘BNSS’) in NCB Crime No.04/2026 dated 19.01.2026 register punishable under Sections 8/20/23/27-A and 29 of the NDPS Act at Police Station Narcotic Control Bureau, Amritsar Zonal Unit. The prosecution case, for the cause of convenience, as described in the impugned order (rejecting anticipator petitioner by the concerned Special Judge) reads thus: “5. As per allegations of the prosecution, acting on specific intelligence, officers of the Narcotics Control Bureau, Amritsar, seized 1.064 kg of suspected Hydroponic Ganja at SGRD conscious possession of co-accused Aarti Kaur D/o Resham Singh, who was apprehended on the spot, pursuant to which NCB Crime No. 04/2026 dated 19.01.2026 under Sections 8, 20 and 23 of the NDPS Act, 1985 was registered. During investigation, the voluntary statement of co 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-35595-2026 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL Mr. B.S. Bhalla, Advocate for the petitioner. Mr. Rajiv Sharma (Hissarwala), Special Public Prosecutor with Mr. Vinayak Atri, Advocate for the respondent - NCB Present petition has been filed on behalf of the petitioner arrest bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘BNSS’) in NCB Crime No.04/2026 dated 19.01.2026 registered for offences A and 29 of the NDPS Act at Police Station Narcotic Control Bureau, Amritsar Zonal Unit. prosecution case, for the cause of convenience, as described in the impugned order (rejecting anticipatory bail plea of the petitioner by the concerned Special Judge) reads thus: 5. As per allegations of the prosecution, acting on specific intelligence, officers of the Narcotics Control Bureau, Amritsar, seized 1.064 kg of suspected Hydroponic Ganja at SGRDJI Airport, Amritsar, from the accused Aarti Kaur D/o Resham Singh, who was apprehended on the spot, pursuant to which NCB Crime No. 04/2026 dated 19.01.2026 under Sections 8, 20 and 23 of the NDPS Act, 1985 was g investigation, the voluntary statement of co-accused Mr. Rajiv Sharma (Hissarwala), Special Public Prosecutor with Present petition has been filed on behalf of the petitioner arrest bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘BNSS’) in ed for offences A and 29 of the NDPS Act at Police prosecution case, for the cause of convenience, as y bail plea of the 5. As per allegations of the prosecution, acting on specific intelligence, officers of the Narcotics Control Bureau, Amritsar, seized 1.064 kg of JI Airport, Amritsar, from the accused Aarti Kaur D/o Resham Singh, who was apprehended on the spot, pursuant to which NCB Crime No. 04/2026 dated 19.01.2026 under Sections 8, 20 and 23 of the NDPS Act, 1985 was accused AJAY KUMAR 2026.07.22 18:21 I attest to the accuracy and integrity of this document CRM-M- -35595-2026 Aarti Kaur recorded under Section 67 of the NDPS Act revealed that she had been sent by Paraminder Singh and that her travel to Thailand for trafficking of Hydroponic Ganja had been facilitated by co Pratap Singh. On the basis of the recovery, disclosure statements and other incriminating material, Rana Pratap Singh was issued notice under Section 67 of the NDPS Act, whereupon he voluntarily disclosed his involvement in facilitating the tr Hydroponic Ganja as part of an internationally operated and well organized cartel functioning under the directions of kingpin Rishub Ahuja alias Rishi. Consequently, he was arrested on 20.01.2026 for punishable under Sections 8, 20, 23 and 29 of the NDPS Act, 1985. During interrogation, Rana Pratap Singh disclosed that Shammi Kumar had been associated with the trafficking cartel since August 2025. and had facilitated his travel to Thailand for narcotic drugs into India, including Hashish Oil. In his voluntary statement, Shammi Kumar admitted his role in facilitating the illicit trafficking and transportation of Hydroponic Ganja and further disclosed that he had arranged Rana Pratap Singh's travel to Thailand at the instance of co-accused Amarjit Singh, a Thailand operating under the directions of Rishub Ahuja alias Rishi, for which he received a commission of ₹10,000/ arrested on 21.01.2026 for offences punishable under Sect and 29 of the NDPS Act, 1985. During further investigation, Rana Pratap Singh disclosed the involvement of accused Malkeet Singh S/o Mukhtar Singh, resident of Toung, Tehsil B whom he had recruited persons and sent them to Thailand pursuant to a pre-planned criminal conspiracy for trafficking Hydroponic Ganja into India. It was revealed that Rana Pratap Singh had personally arranged and facilitated Malkeet Singh's travel to Thailand, where the main operator of the cartel, namely "Rishi", supplied Hydroponic Ganja for illegal trafficking into India, and that the said trafficking operation involving Malkeet Singh was successfully executed, thereb establishing his direct involvement in the procurement and transportation of contraband substances. Investigation further revealed that Malkeet Singh had developed close relations and coordination with "Rishi" and, after gaining his confidence, had himself started identifying, convincing and arranging other persons to act as couriers for trafficking Hydroponic Ganja from Thailand to India. In furtherance of the criminal conspiracy, Malkeet Singh, in active connivance and coordination with Rish Rana Pratap Singh, facilitated and sent multiple persons abroad for 2 Aarti Kaur recorded under Section 67 of the NDPS Act revealed that she had been sent by Paraminder Singh and that her travel to Thailand for trafficking of Hydroponic Ganja had been facilitated by co- accused Rana Pratap Singh. On the basis of the recovery, disclosure statements and other incriminating material, Rana Pratap Singh was issued notice under Section 67 of the NDPS Act, whereupon he voluntarily disclosed his involvement in facilitating the transportation and trafficking of Hydroponic Ganja as part of an internationally operated and well organized cartel functioning under the directions of kingpin Rishub Ahuja alias Rishi. Consequently, he was arrested on 20.01.2026 for offences punishable under Sections 8, 20, 23 and 29 of the NDPS Act, 1985. During interrogation, Rana Pratap Singh disclosed that Shammi Kumar had been associated with the trafficking cartel since August 2025. and had facilitated his travel to Thailand for the purpose of illegally importing narcotic drugs into India, including Hashish Oil. In his voluntary statement, Shammi Kumar admitted his role in facilitating the illicit trafficking and transportation of Hydroponic Ganja and further disclosed d arranged Rana Pratap Singh's travel to Thailand at the accused Amarjit Singh, a Thailand-based cartel member operating under the directions of Rishub Ahuja alias Rishi, for which he 10,000/-. Accordingly, Shammi Kumar was arrested on 21.01.2026 for offences punishable under Sections 8, 20, 23 and 29 of the NDPS Act, 1985. During further investigation, Rana Pratap Singh disclosed the involvement of accused Malkeet Singh S/o Mukhtar Singh, resident of Toung, Tehsil Baba Bakala, District Amritsar, with whom he had recruited persons and sent them to Thailand pursuant to a planned criminal conspiracy for trafficking Hydroponic Ganja into India. It was revealed that Rana Pratap Singh had personally arranged tated Malkeet Singh's travel to Thailand, where the main operator of the cartel, namely "Rishi", supplied Hydroponic Ganja for illegal trafficking into India, and that the said trafficking operation involving Malkeet Singh was successfully executed, thereby prima facie establishing his direct involvement in the procurement and transportation of contraband substances. Investigation further revealed that Malkeet Singh had developed close relations and coordination with "Rishi" and, e, had himself started identifying, convincing and arranging other persons to act as couriers for trafficking Hydroponic Ganja from Thailand to India. In furtherance of the criminal conspiracy, Malkeet Singh, in active connivance and coordination with Rishi and Rana Pratap Singh, facilitated and sent multiple persons abroad for Aarti Kaur recorded under Section 67 of the NDPS Act revealed that she had been sent by Paraminder Singh and that her travel to Thailand for accused Rana Pratap Singh. On the basis of the recovery, disclosure statements and other incriminating material, Rana Pratap Singh was issued notice under Section 67 of the NDPS Act, whereupon he voluntarily disclosed his ansportation and trafficking of Hydroponic Ganja as part of an internationally operated and well- organized cartel functioning under the directions of kingpin Rishub Ahuja offences punishable under Sections 8, 20, 23 and 29 of the NDPS Act, 1985. During interrogation, Rana Pratap Singh disclosed that Shammi Kumar had been associated with the trafficking cartel since August 2025. and the purpose of illegally importing narcotic drugs into India, including Hashish Oil. In his voluntary statement, Shammi Kumar admitted his role in facilitating the illicit trafficking and transportation of Hydroponic Ganja and further disclosed d arranged Rana Pratap Singh's travel to Thailand at the based cartel member operating under the directions of Rishub Ahuja alias Rishi, for which he umar was ions 8, 20, 23 and 29 of the NDPS Act, 1985. During further investigation, Rana Pratap Singh disclosed the involvement of accused Malkeet Singh S/o Mukhtar aba Bakala, District Amritsar, with whom he had recruited persons and sent them to Thailand pursuant to a planned criminal conspiracy for trafficking Hydroponic Ganja into India. It was revealed that Rana Pratap Singh had personally arranged tated Malkeet Singh's travel to Thailand, where the main operator of the cartel, namely "Rishi", supplied Hydroponic Ganja for illegal trafficking into India, and that the said trafficking operation y prima facie establishing his direct involvement in the procurement and transportation of contraband substances. Investigation further revealed that Malkeet Singh had developed close relations and coordination with "Rishi" and, e, had himself started identifying, convincing and arranging other persons to act as couriers for trafficking Hydroponic Ganja from Thailand to India. In furtherance of the criminal conspiracy, i and Rana Pratap Singh, facilitated and sent multiple persons abroad for AJAY KUMAR 2026.07.22 18:21 I attest to the accuracy and integrity of this document CRM-M- 3. petitioner question. named in the original complaint his name statement made by a co law. It has been substance has been e The prosecution has not produced any direct evidence petitioner was involved in the alleged trafficking, transportation, financing or procurement of contraband. case against accused persons who are attempting to shift themselves from agency has failed connecting the petitioner with the alleged international drug trafficking syndicate. implicated merely on the basis of allegations made by co on account of -35595-2026 trafficking Hydroponic Ganja into India. Financial transactions reflected in the bank accounts, including entries specifically described in the name of "Malkeet", prima facie indicat trafficking activities. The material collected during investigation clearly establishes that accused Malkeet Singh was not merely a passive participant but an active member, recruiter, courier and facilitator of the organized international drug trafficking cartel engaged in the procurement, transportation, facilitation and circulation of Hydroponic Ganja, thereby attracting offences punishable under Sections 8, 20, 23, 25, 27-A and 29 of the NDPS Act, 1985.” Learned counsel for the petitioner has iterated that the petitioner is innocent and has been falsely implicated in Learned counsel has further iterated that the named in the original complaint nor in the initial sta his name has only surfaced subsequently on the basis of the disclosure statement made by a co-accused, which is has been further contended that no recovery of any narcotic substance has been effected from the conscious possession of the petitioner. The prosecution has not produced any direct evidence petitioner was involved in the alleged trafficking, transportation, financing or procurement of contraband. It has been further c case against the petitioner is based on accused persons who are attempting to shift themselves from the criminal liability. agency has failed to place on record any independent material directly connecting the petitioner with the alleged international drug trafficking syndicate. Learned counsel has emphasized that the implicated merely on the basis of allegations made by co on account of previous disputes. Moreover, the 3 trafficking Hydroponic Ganja into India. Financial transactions reflected in the bank accounts, including entries specifically described in the name of "Malkeet", prima facie indicate monetary dealings connected with the trafficking activities. The material collected during investigation clearly establishes that accused Malkeet Singh was not merely a passive participant but an active member, recruiter, courier and facilitator of the rganized international drug trafficking cartel engaged in the procurement, transportation, facilitation and circulation of Hydroponic Ganja, thereby attracting offences punishable under Sections 8, 20, 23, and 29 of the NDPS Act, 1985.” ed counsel for the petitioner has iterated that the is innocent and has been falsely implicated into the FIR in Learned counsel has further iterated that the petitioner was neither or in the initial stages of investigation and surfaced subsequently on the basis of the disclosure which is inadmissible in evidence under that no recovery of any narcotic ffected from the conscious possession of the petitioner. The prosecution has not produced any direct evidence to show that the petitioner was involved in the alleged trafficking, transportation, financing It has been further contended that the entire on suspicion and statements of co accused persons who are attempting to shift the blame in order to save criminal liability. Furthermore, the investigating to place on record any independent material directly connecting the petitioner with the alleged international drug trafficking Learned counsel has emphasized that the petitioner has been implicated merely on the basis of allegations made by co-accused persons Moreover, the prosecution story does not trafficking Hydroponic Ganja into India. Financial transactions reflected in the bank accounts, including entries specifically described in the name e monetary dealings connected with the trafficking activities. The material collected during investigation clearly establishes that accused Malkeet Singh was not merely a passive participant but an active member, recruiter, courier and facilitator of the rganized international drug trafficking cartel engaged in the procurement, transportation, facilitation and circulation of Hydroponic Ganja, thereby attracting offences punishable under Sections 8, 20, 23, ed counsel for the petitioner has iterated that the to the FIR in neither ges of investigation and surfaced subsequently on the basis of the disclosure under that no recovery of any narcotic ffected from the conscious possession of the petitioner. that the petitioner was involved in the alleged trafficking, transportation, financing entire suspicion and statements of co- blame in order to save the investigating to place on record any independent material directly connecting the petitioner with the alleged international drug trafficking petitioner has been ccused persons prosecution story does not AJAY KUMAR 2026.07.22 18:21 I attest to the accuracy and integrity of this document CRM-M- disclose any overt act attributable to stringent provisions of Sections 27 counsel has further contended is not involved in any other criminal case. from the petitioner useful purpose willing to join the investigation and served by subjecting him to detention the grant of anticipatory bail is prayed for 4. NCB has by submitting that the in nature. According to learned counsel, organised international drug trafficking syndicate involved in the illegal procurement, transportation and import of Hydroponic Ganja from Thailand into India. investigation, subs involvement of the petitioner in the criminal conspiracy. petitioner operations is not based solely upon the disclosure statement of a co investigation has also brought forth other corroborative material linking the petitioner with the activities of the organised syndicate prima facie has further custodial interrogation of the petitioner is necessary for uncovering the -35595-2026 disclose any overt act attributable to the petitioner stringent provisions of Sections 27-A and 29 of the NDPS Act. has further contended that the petitioner has clean antecedents and is not involved in any other criminal case. from the petitioner and, therefore, his custodial interrogation would serve no purpose. According to learned counsel, the petitioner is willing to join the investigation and, therefore, served by subjecting him to detention. On the strength of these submissions, the grant of anticipatory bail is prayed for Per contra, learned counsel has vehemently opposed the grant of anticipatory bail to the petitioner by submitting that the allegations against the petitioner are grave and serious . According to learned counsel, organised international drug trafficking syndicate involved in the illegal procurement, transportation and import of Hydroponic Ganja from Thailand into India. It has been further submitted that investigation, substantial material has surfaced involvement of the petitioner in the criminal conspiracy. petitioner has played a significant role in facilitating the trafficking operations. According to learned counsel, is not based solely upon the disclosure statement of a co investigation has also brought forth other corroborative material linking the petitioner with the activities of the organised syndicate prima facie case against the petitioner. Learned Special Public Prosecutor further contended that the investigation is still at a crucial stage and custodial interrogation of the petitioner is necessary for uncovering the 4 the petitioner which would attract the A and 29 of the NDPS Act. Learned that the petitioner has clean antecedents and is not involved in any other criminal case. Nothing remains to be recovered custodial interrogation would serve no ned counsel, the petitioner is ready and therefore, no useful purpose would be . On the strength of these submissions, the grant of anticipatory bail is prayed for. learned counsel appearing for the respondent the grant of anticipatory bail to the petitioner allegations against the petitioner are grave and serious . According to learned counsel, the present case pertains to an organised international drug trafficking syndicate involved in the illegal procurement, transportation and import of Hydroponic Ganja from Thailand It has been further submitted that during the course of tantial material has surfaced which indicate the active involvement of the petitioner in the criminal conspiracy. Furthermore, played a significant role in facilitating the trafficking . According to learned counsel, the role attributed to the petitioner is not based solely upon the disclosure statement of a co-accused but the investigation has also brought forth other corroborative material linking the petitioner with the activities of the organised syndicate which establishes Learned Special Public Prosecutor that the investigation is still at a crucial stage and custodial interrogation of the petitioner is necessary for uncovering the which would attract the Learned that the petitioner has clean antecedents and othing remains to be recovered custodial interrogation would serve no ready and no useful purpose would be . On the strength of these submissions, appearing for the respondent – the grant of anticipatory bail to the petitioner allegations against the petitioner are grave and serious case pertains to an organised international drug trafficking syndicate involved in the illegal procurement, transportation and import of Hydroponic Ganja from Thailand during the course of the active the played a significant role in facilitating the trafficking petitioner but the investigation has also brought forth other corroborative material linking the which establishes a Learned Special Public Prosecutor the custodial interrogation of the petitioner is necessary for uncovering the AJAY KUMAR 2026.07.22 18:21 I attest to the accuracy and integrity of this document CRM-M- complete conspiracy, tra involved in the racket and ascertaining the source of the contraband. Moreover, Section 37 of the NDPS Act. petition be dismissed 5. gone through the available record of the case. 6. allegations have been levelled commission of offences under the NDPS Act the course of drug trafficking syndic role to the petitioner in facilitating and participating in the trafficking operations. The investigation further travelled to Thailand and ha involved in the narcotics trade. persons are not the sole basis of the prosecution case agency has also relied upon digital evidence, financial transactions and other incriminat allegations alleged conspiracy. named in the FIR at the initial st during the course of investigation co-accused allegations against him pertain to criminal conspiracy under Secti the NDPS Act -35595-2026 complete conspiracy, tracing the financial trail, identifying other associates involved in the racket and ascertaining the source of the contraband. Moreover, the offences alleged against the petitioner attract the rigours of Section 37 of the NDPS Act. Accordingly, it is petition be dismissed in the interest of justice. I have heard the learned counsel for the gone through the available record of the case. As per the material brought on record allegations have been levelled against the petitioner commission of offences under the NDPS Act the course of investigation prima facie reflects drug trafficking syndicate and the prosecution has specifically attributed a role to the petitioner in facilitating and participating in the trafficking operations. The investigation further revealed travelled to Thailand and has maintained links with per involved in the narcotics trade. The disclosure statement persons are not the sole basis of the prosecution case agency has also relied upon digital evidence, financial transactions and other incriminating material collected during allegations prima facie disclose active participation of the petitioner in the alleged conspiracy. It is pertinent to note that the named in the FIR at the initial stage, and his name surfaced during the course of investigation on the basis of the accused. Though the petitioner was allegations against him pertain to criminal conspiracy under Secti the NDPS Act, which does not necessitate physical possession of the 5 cing the financial trail, identifying other associates involved in the racket and ascertaining the source of the contraband. the offences alleged against the petitioner attract the rigours of Accordingly, it is prayed that the present in the interest of justice. I have heard the learned counsel for the rival parties and have gone through the available record of the case. material brought on record, indubitably, serious against the petitioner in relation to the commission of offences under the NDPS Act. The material collected during reflects the existence of an organised he prosecution has specifically attributed a role to the petitioner in facilitating and participating in the trafficking revealed that the petitioner ha maintained links with persons allegedly The disclosure statement(s) of co-accused persons are not the sole basis of the prosecution case as the investigating agency has also relied upon digital evidence, financial transactions and other ing material collected during the course of investigation. The disclose active participation of the petitioner in the It is pertinent to note that the present petitioner was not , and his name surfaced subsequently on the basis of the disclosure statement of . Though the petitioner was not apprehended at the spot, the allegations against him pertain to criminal conspiracy under Section 29 of does not necessitate physical possession of the cing the financial trail, identifying other associates involved in the racket and ascertaining the source of the contraband. the offences alleged against the petitioner attract the rigours of that the present and have serious in relation to the The material collected during the existence of an organised he prosecution has specifically attributed a role to the petitioner in facilitating and participating in the trafficking that the petitioner has sons allegedly accused investigating agency has also relied upon digital evidence, financial transactions and other investigation. The disclose active participation of the petitioner in the present petitioner was not subsequently disclosure statement of , the on 29 of does not necessitate physical possession of the AJAY KUMAR 2026.07.22 18:21 I attest to the accuracy and integrity of this document CRM-M- contraband subsequent stage, is corroboration to the prosecution ve Court, the involvement investigation interrogation network of the contraband record to demonstrate that the petitioner is and the possibility of recovery of further contraband incriminating material cannot be ruled out 7. co-accused is inadmissible of plea for grant of meticulously evaluate the admissibility of evidence whether prima facie alleged offence involvement of the petitioner in a well illegal trade and distribution of psychotropic substances gravity of the offence the necessity of custodial interrogation to identify other potential of the offence with evidence drug trafficking not merit the concession of anticipatory bail at this stage -35595-2026 contraband. The alleged involvement of the petitioner, though emerging at a subsequent stage, is supported by investigative material that lends corroboration to the prosecution version , the veracity of the disclosure statement involvement of the petitioner in the offence investigation, which can be effectively undertaken only through interrogation. Such interrogation is essential to trace the origin, source, and network of the contraband. At this stage, record to demonstrate that the petitioner is possibility of recovery of further contraband incriminating material cannot be ruled out The plea of the petitioner that the accused is inadmissible is devoid of merit plea for grant of anticipatory bail meticulously evaluate the admissibility of evidence prima facie material exists which connect alleged offence. The investigation cond involvement of the petitioner in a well-organized network engaged in the illegal trade and distribution of psychotropic substances gravity of the offence coupled with the material collected on record necessity of custodial interrogation to unravel the to identify other potential co-conspirators of the offence, the crucial stage of investigation with evidence and the overarching public interest in curbing the menace of drug trafficking, this Court is of the considered view that the petitioner not merit the concession of anticipatory bail at this stage 6 . The alleged involvement of the petitioner, though emerging at a supported by investigative material that lends rsion. In the considered view of this veracity of the disclosure statement and the extent of the in the offence, are matters requiring thorough , which can be effectively undertaken only through custodi essential to trace the origin, source, and . At this stage, no material has been placed on record to demonstrate that the petitioner is not connected with the offence possibility of recovery of further contraband and/ordiscovery of incriminating material cannot be ruled out. The plea of the petitioner that the confessional statement of the devoid of merit, at the stage of consideration as the Court is not required to meticulously evaluate the admissibility of evidence but only to examine which connect the petitioner with the . The investigation conducted thus far indicates the organized network engaged in the illegal trade and distribution of psychotropic substances. The nature and coupled with the material collected on record justify to unravel the larger conspiracy and conspirators. Having regard to the seriousness crucial stage of investigation, the possibility of tampering overarching public interest in curbing the menace of , this Court is of the considered view that the petitioner does not merit the concession of anticipatory bail at this stage. Moreover, given . The alleged involvement of the petitioner, though emerging at a supported by investigative material that lends considered view of this extent of the matters requiring thorough custodial essential to trace the origin, source, and no material has been placed on with the offence discovery of confessional statement of the , at the stage of consideration not required to but only to examine the petitioner with the ucted thus far indicates the organized network engaged in the nature and justify and seriousness possibility of tampering overarching public interest in curbing the menace of does . Moreover, given AJAY KUMAR 2026.07.22 18:21 I attest to the accuracy and integrity of this document CRM-M- the serious nature of the allegations petitioner identifying other exclusive knowledge or possession of the petitioner anticipatory ongoing investigation or influencing material witnesses 8. grant of antic individual rights and protecting societal interest(s). The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free in impact of such alleged iniquities on society. A profitable reference in this regard is being made to the dicta passed by the Hon’ble Supreme Court titled as State the Supreme Court held as under, relevant whereof reads as under: -35595-2026 serious nature of the allegations, the petitioner may be indispensable for unearthing the broader conspiracy identifying other potential accomplices whose identities may be exclusive knowledge or possession of the petitioner anticipatory bail at this premature stage ongoing investigation and may potentially result in or influencing material witnesses. It is befitting to mention here that while considering a plea for grant of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interest(s). The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free in impact of such alleged iniquities on society. A profitable reference in this regard is being made to the dicta passed by the Hon’ble Supreme Court State v. Anil Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) 1039] the Supreme Court held as under, relevant whereof reads as under: “6. We find force in the submission of CBI that custodial interrogation is qualitatively more elicitation-oriented than questioning a suspe well-ensconced with a favourable order under case like this, effective interrogation of a suspected person is of tremendous advantage in disinterring many useful in would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre arrest bail order during the time he is interrogated. Very often interro in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third-degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders.” 7 , the custodial interrogation of the unearthing the broader conspiracy and whose identities may be within the exclusive knowledge or possession of the petitioner. The grant of bail at this premature stage would, therefore, prejudice the and may potentially result in tampering with evidence It is befitting to mention here that while considering a plea for ipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interest(s). The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigation as also far reaching impact of such alleged iniquities on society. A profitable reference in this regard is being made to the dicta passed by the Hon’ble Supreme Court Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) 1039] the Supreme Court held as under, relevant whereof reads as under: “6. We find force in the submission of CBI that custodial interrogation is oriented than questioning a suspect who is ensconced with a favourable order under Section 438 of the Code. In a case like this, effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being degree methods need not be countenanced, for, such an accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders.” todial interrogation of the and within the grant of prejudice the tampering with evidence It is befitting to mention here that while considering a plea for ipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interest(s). The Court ought to reckon with the magnitude and nature of the offence; the role attributed to r reaching impact of such alleged iniquities on society. A profitable reference in this regard is being made to the dicta passed by the Hon’ble Supreme Court Sharma, (1997) 7 SCC 187 : 1997 SCC (Cri) 1039], “6. We find force in the submission of CBI that custodial interrogation is ct who is of the Code. In a case like this, effective interrogation of a suspected person is of tremendous formations and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre- gation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being degree methods need not be countenanced, for, such an accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring AJAY KUMAR 2026.07.22 18:21 I attest to the accuracy and integrity of this document CRM-M- prima facie material collected during the course of investigation reasonable basis for the accusations levelled circumstances, the appropriate effective investigation 9. petitioner does not deserve the concession of anticipatory bail in the factual milieu of the case in hand. Moreover, custodial interrogation of the petitioner may be necessary to trace the source of supply of contraband & to unravel the truth. The pet dismissed. 10. of opinion upon merits of the case/investigation. 11. July 22, 202 Ajay -35595-2026 At this stage, there is no material on record to suggest that a prima facie case is not made out against the petitioner material collected during the course of investigation reasonable basis for the accusations levelled circumstances, the grant of anticipatory bail at this stage would not be appropriate as it is likely to cause serious impediment to the ongoing and effective investigation. Accordingly, this Court is of the considered opinion that petitioner does not deserve the concession of anticipatory bail in the factual of the case in hand. Moreover, custodial interrogation of the petitioner may be necessary to trace the source of supply of contraband & to unravel the truth. The petition is, thus, devoid of merits and is hereby dismissed. Nothing said hereinabove shall be deemed to be an expression of opinion upon merits of the case/investigation. Pending application(s), if any, shall also stand disposed off. 2026 Whether speaking/reasoned: Whether reportable: 8 no material on record to suggest that a case is not made out against the petitioner. On the contrary, the material collected during the course of investigation appears to establish a reasonable basis for the accusations levelled against him. In such grant of anticipatory bail at this stage would not be cause serious impediment to the ongoing and Accordingly, this Court is of the considered opinion that petitioner does not deserve the concession of anticipatory bail in the factual of the case in hand. Moreover, custodial interrogation of the petitioner may be necessary to trace the source of supply of contraband & to ition is, thus, devoid of merits and is hereby Nothing said hereinabove shall be deemed to be an expression of opinion upon merits of the case/investigation. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE Yes/No Yes/No no material on record to suggest that a . On the contrary, the to establish a . In such grant of anticipatory bail at this stage would not be cause serious impediment to the ongoing and the petitioner does not deserve the concession of anticipatory bail in the factual of the case in hand. Moreover, custodial interrogation of the petitioner may be necessary to trace the source of supply of contraband & to ition is, thus, devoid of merits and is hereby Nothing said hereinabove shall be deemed to be an expression AJAY KUMAR 2026.07.22 18:21 I attest to the accuracy and integrity of this document