201 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No.17755 of 2026 Date of Decision:-27.08.2026 Jarnail Singh …..Petitioner. Versus State of Punjab .....Respondent. CORAM: HON’BLE MR. JUSTICE VIKRAM AGGARWAL ***** Present:- Mr. L.S. Sidhu, Advocate for the petitioner. Mr. Rahul Jindal, AAG, Punjab. VIKRAM AGGARWAL, J. (ORAL) Prayer in the present petition preferred under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’) is for the grant of anticipatory bail to the petitioner in case FIR No.326 dated 01.12.2025 registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’), at Police Station Dharamkot, District Moga. 2. On 02.04.2026, the following order was passed by a coordinate Bench:- “The present petition has been filed under Section 482 of BNSS, 2023 (Section 438 of Cr.P.C.) for grant of anticipatory bail in case bearing FIR No.326 dated 01.12.2025, under Sections 21/61/85 of NDPS Act, 1985 (Section 29 of NDPS Act added later on) registered at Police YAG DUTT 2026.08.27 18:25 I attest to the accuracy and authenticity of this order/judgment. CRM-M No.17755 of 2026 -2- Station Dharamkot, District Moga. 2. Briefly stated, on 01.12.2025, co-accused namely Manpreet Singh @ Mani was apprehended and 10 grams of heroin was recovered from the polythene which was thrown by him on seeing the police party. Later on, the present petitioner was nominated on the basis of a disclosure statement of the aforementioned co-accused, as the supplier of the recovered contraband. 3. Learned counsel for the petitioner contended that the petitioner has been falsely involved in the present case on the basis of a disclosure statement of co-accused namely, Manpreet Singh @ Mani, from whom 10 grams of heroin has allegedly been recovered & has purchased the same from the present petitioner. It is further contended that the alleged contraband falls under the category of intermediate quantity; except the disclosure statement which is not admissible in the eyes of law, there is no supporting evidence in the form of call detail record (CDR) or any bank transactions regarding complicity of the present petitioner in present case; the petitioner is having clean antecedents and is not involved in any other criminal activities. Learned counsel prayed for anticipatory bail as the petitioner is ready to join the investigation and to fully co-operate with the same. 4. Notice of motion. 5. Mr. Anup Singh, AAG, Punjab, who is present in Court accepts notice on behalf of the respondent-State and opposes the grant of anticipatory bail to the petitioner on the ground that the present petitioner alongwith co-accused is involved in drug trafficking & has been nominated in the present case as a supplier of the contraband recovered from the co-accused. However, in response to a query raised by this Court as to whether, apart from the disclosure statement of the co- YAG DUTT 2026.08.27 18:25 I attest to the accuracy and authenticity of this order/judgment. CRM-M No.17755 of 2026 -3- accused, any incriminating evidence such as call detail records (CDR) or bank transactions exists against the present petitioner, learned State counsel submitted that, at this stage, no material other than the said disclosure statement is available on record to indicate the petitioner's involvement in the commission of the alleged offence. He however, fairly admits that as on date, the petitioner is not involved in any other case & is having clean antecedents. 6. Heard. 7. Keeping in view the facts of the present case and the contentions of learned counsel for the parties, the petitioner has been arraigned as an accused on the basis of disclosure statement of the co-accused; except the disclosure statement, there is no evidence to show the complicity of the present petitioner in the present case; there is no other material on record which suggests that the present petitioner is involved in any other criminal activity; hence, the petitioner is directed to join the investigation as and when required by Investigating Officer. In the event of his arrest, the petitioner shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of investigating/arresting Officer subject to the conditions as envisaged under Section 482(2) of the BNSS (erstwhile Section 438(2) Cr.P.C.), till the next date of hearing. 7. Adjourned to 26.05.2026.” 3. Learned counsel for the petitioner submits that in compliance of the aforesaid order dated 02.04.2026, the petitioner has duly joined investigation. 4. Learned State counsel, on instructions from ASI Kuldeep Singh, who is present in the Court, submits that in compliance of the order dated 02.04.2026, the petitioner has duly joined investigation and his YAG DUTT 2026.08.27 18:25 I attest to the accuracy and authenticity of this order/judgment. CRM-M No.17755 of 2026 -4- custodial interrogation is not required. 5. In view of the fact that the petitioner has duly joined investigation and keeping in view the statement given by learned counsel representing the State of Punjab, the present petition is allowed. The order dated 02.04.2026 is made absolute, subject to compliance of the provisions as envisaged under Section 482(2) of the BNSS. (VIKRAM AGGARWAL) August 27, 2026 JUDGE Yag Dutt Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No YAG DUTT 2026.08.27 18:25 I attest to the accuracy and authenticity of this order/judgment.