IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (101) CRM-M-25596-2026 Decided on : 23.07.2026 Uploaded on : 23.07.2026 Nasim ……Petitioner(s) Versus State of Haryana ……Respondent(s) CORAM : HON'BLE MR.JUSTICE SUMEET GOEL Present: Mr. Munish Gulati, Advocate, for the petitioner (s). Ms. Mahima Yashpal Singla, Senior DAG, Haryana. ***** Sumeet Goel (Oral): 1. The instant petition under Section 482 of BNSS, 2023 (438 of Cr.P.C.), has been filed for grant of anticipatory bail to the petitioner in case FIR No.23 dated 31.01.2026, registered under Sections 21(b), 61 & 85 of NDPS Act, at Police Station Mundkati, District Palwal, Haryana 2. On 06.05.2026, the following order was passed: “ The instant petition under Section 482 of BNSS, 2023 (438 of Cr.P.C.), has been filed for grant of anticipatory bail to the petitioner in case FIR No.23 dated 31.01.2026, registered under Section 21(b) of NDPS Act, at Police Station Mundkati, District Palwal, Haryana. Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the present case on the basis of disclosure statements of co-accused-Tek Chand. It is further contended that co-accused Tek Chand has himself been nominated on the basis of disclosure statement made by another co-accused, namely Neeraj, from whose possession an intermediate quantity of heroin i.e. 13.04 grams has been NAVEEN NAGPAL 2026.07.23 16:10 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-25596-2026 P a g e | 2 recovered. It is further contended that except disclosure statement, which are inadmissible in evidence, there is no other material available on record to connect the petitioner with the alleged offence. The petitioner is ready and willing to join the investigation. Thus, learned counsel prayed for grant of anticipatory bail to the present petitioner. Notice of motion. Mr. Satbir Singh Goripuria, DAG, Haryana, accepted notice on behalf of the respondent-State and opposed the contentions raised by learned counsel for the petitioner by submitting that the petitioner has been specifically named by the co-accused as the supplier of the contraband in question. He further submitted that the family of the petitioner is allegedly involved in drug trafficking and custodial interrogation of the petitioner is required. Heard. Taking into consideration the rival submissions and the facts and circumstances of the case, it is evident that the involvement of the petitioner has surfaced primarily on the basis of disclosure statement of co-accused, namely, Tek Chand who has also been nominated on the basis of disclosure statement made by co-accused Neeraj. Apart from disclosure statement, there is no other corroborative material on record, such as call detail records or evidence of monetary transactions, linking the petitioner with the alleged offence. The recovery effected in the case is of an intermediate quantity of heroin i.e. 13.04 grams, hence, this Court finds merit in the present petition and the petitioner is directed to join investigation as and when required by the Investigating Officer. In the event of arrest, the petitioner be released on interim bail on furnishing personal bail/surety bonds to the satisfaction of Arresting/Investigating Officer till the next date of hearing subject to the conditions as envisaged under Section 482(2) of the BNSS (erstwhile Section 438(2) Cr.P.C.). Adjourned to 09.04.2026. State is directed to file reply in the meantime.” 2.1. Thereafter, on 09.07.2026, the following order was passed: “Learned counsel for the petitioner submits that the petitioner was not able to join investigation on account of NAVEEN NAGPAL 2026.07.23 16:10 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-25596-2026 P a g e | 3 intervening circumstances beyond his control. He has sought for another opportunity to do so. In the interest of justice, the petitioner is now directed to join investigation, in terms of the interim order dated 06.05.2026, and is directed to appear before the concerned Investigating Officer in the concerned Police Station on 13.07.2026 at 11:00 A.M. and cooperate therein, in accordance with law. Put up on 23.07.2026. Be taken up in the urgent cause list. Interim order to enure.” 3. Learned State counsel (on instructions from ASI Mubarik Ali) has submitted that the petitioner has joined the investigation and cooperated therein. 4. Keeping in view the factual milieu of the case in hand, especially the factum of the petitioner having joined investigation & cooperated therein and he being arrayed as an accused on the basis of disclosure statement, this Court is inclined to confirm the order dated 06.05.2026, in light of the dicta of the judgment passed by this Court in CRM-M-54032-2024 ‘Ashu Vs. State of Punjab’ and recent judgment of the Hon’ble Supreme Court passed in ‘Jugraj Singh Vs. State of Punjab’ bearing Special Leave to Appeal (Crl.) No.9190/2025. 5. Accordingly, the petition is allowed and the order dated 06.05.2026 granting interim anticipatory bail to the petitioner is hereby made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. 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. NAVEEN NAGPAL 2026.07.23 16:10 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-25596-2026 P a g e | 4 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 off. (SUMEET GOEL) 23.07.2026 JUDGE Naveen Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No NAVEEN NAGPAL 2026.07.23 16:10 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh