DOCTOR DALBIR SINGH DOCTOR DALBIR SINGH v. PUNJAB STATE OF PUNJAB

Judgment

1. Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner

FIR No.180, dated 19.12.2025, under Sections seeks anticipatory bail in case FIR No.180, dated 19.12.2025, under Sections FIR No.180, dated 19.12.2025, under Sections seeks anticipatory bail in case 25/54/59 of Arms Act and Sections 21-B/27 25/54/59 of Arms Act and Sections A/29/61/85 of NDPS Act, B/27-A/29/61/85 of NDPS Act, registered at Police Station Sarhali, District Tarn Taran. registered at Police Station Sarhali, District Tarn Taran registered at Police Station Sarhali, District Tarn Taran

2. On 18.02.2026, the following order On - following order was passed by the co- ordinate bench of this Court: - ordinate bench of this Court

1. This is the first petition filed under Section 482 “1. This is the first petition filed under Section 482 1. This is the first petition filed under Section 482 grant of anticipatory bail to the petitioner in of BNSS, 2023 for grant of anticipatory bail to the petitioner in grant of anticipatory bail to the petitioner in of BNSS, 2023 for FIR No.180, dated 19.12.2025, under Sections 25/54/59 of Arms FIR No.180, dated 19.12.2025, under Sections 25/54/59 of Arms FIR No.180, dated 19.12.2025, under Sections 25/54/59 of Arms FIR No.180, dated 19.12.2025, under Sections 25/54/59 of Arms A/29/61/85 of NDPS Act, registered at Act and Sections 21-B/27-A/29/61/85 of NDPS Act, registered at A/29/61/85 of NDPS Act, registered at Act and Sections 21 Police Station Sarhali, District Tarn Taran. Police Station Sarhali, District Tarn Taran. Police Station Sarhali, District Tarn Taran. GURPREET 2026.03.10 13:33 I attest to the accuracy and authenticity of this document. CRM-M-9388 9388-2026 2

2. contends that the Learned counsel for the petitioner contends that the Learned counsel for the petitioner petitioner has been falsely implicated in the present case. He petitioner has been falsely implicated in the present case. He petitioner has been falsely implicated in the present case. He petitioner has been falsely implicated in the present case. He further contends that the petitioner was nominated as an accused further contends that the petitioner was nominated as an accused further contends that the petitioner was nominated as an accused further contends that the petitioner was nominated as an accused - in the instant FIR only on the basis of disclosure statement of co in the instant FIR only on the basis of disclosure statement of co- in the instant FIR only on the basis of disclosure statement of co en further contended accused, namely, Harpreet Singh. It has been further contended accused, namely, Harpreet Singh. It has be accused, namely, Harpreet Singh. It has be that except the disclosure statement, no other evidence is that except the disclosure statement, no other evidence is that except the disclosure statement, no other evidence is that except the disclosure statement, no other evidence is available with the prosecution to connect the petitioner with the available with the prosecution to connect the petitioner with the available with the prosecution to connect the petitioner with the available with the prosecution to connect the petitioner with the - alleged commissioning of the offence. He further asserts that co alleged commissioning of the offence. He further asserts that co- alleged commissioning of the offence. He further asserts that co hose possession accused, namely, Harpreet Singh @ Harry, in whose possession accused, namely, Harpreet Singh @ Harry, in w accused, namely, Harpreet Singh @ Harry, in w drug money 32 bore pistol, 49 grams of heroin and Rs.5,000/- drug money 32 bore pistol, 49 grams of heroin and Rs.5,000/ 32 bore pistol, 49 grams of heroin and Rs.5,000/ were recovered and Gurjant Singh @ Janta, have already been were recovered and Gurjant Singh @ Janta, have already been were recovered and Gurjant Singh @ Janta, have already been were recovered and Gurjant Singh @ Janta, have already been granted the concession of bail by trial Court or by this Court granted the concession of bail by trial Court or by this Court granted the concession of bail by trial Court or by this Court granted the concession of bail by trial Court or by this Court vide Annexures P-2 and P-3, respectively. Learned counse vide Annexures P l 3, respectively. Learned counsel further submits that the petitioner is ready and willing to join the further submits that the petitioner is ready and willing to join the further submits that the petitioner is ready and willing to join the further submits that the petitioner is ready and willing to join the investigation and cooperate with the investigation and cooperate with the investigation and cooperate with the investigation and cooperate with the investigating officer investigating officer investigating officer investigating officer concerned. concerned.

3. Notice of motion. On the asking of the Court, Mr. Sahil Chowdhary, AAG, On the asking of the Court, Mr. Sahil Chowdhary, AAG, On the asking of the Court, Mr. Sahil Chowdhary, AAG, State and Punjab accepts notice on behalf of the respondent-State and Punjab accepts notice on behalf of the Punjab accepts notice on behalf of the opposes the present petition on the ground that the petitioner is a opposes the present petition on the ground that the petitioner is a opposes the present petition on the ground that the petitioner is a opposes the present petition on the ground that the petitioner is a habitual offender as he is involved in three more cases. habitual offender as he is involved in three more cases. habitual offender as he is involved in three more cases. Having heard learned counsel for the parties, this 5. Having heard learned counsel for the parties, this Having heard learned counsel for the parties, this estion has Court is of the considered view that the recovery in question has Court is of the considered view that the recovery in qu Court is of the considered view that the recovery in qu accused, nothing remains to be already been effected from co-accused, nothing remains to be accused, nothing remains to be already been effected from co recovered from the present petitioner, he has been implicated recovered from the present petitioner, he has been implicated recovered from the present petitioner, he has been implicated recovered from the present petitioner, he has been implicated - solely on the basis of disclosure statement of co-accused, co- solely on the basis of disclosure statement of co solely on the basis of disclosure statement of co accused have already been granted the concession of bail by this accused have already been granted the concession of bail by accused have already been granted the concession of bail by Court or by the trial Court vide Annexures P-2 and P-3. Court or by the trial Court vide Annexures P Court or by the trial Court vide Annexures P

6. The Hon'ble Supreme Court while dealing with a The Hon'ble Supreme Court while dealing with a The Hon'ble Supreme Court while dealing with a plea for grant of anticipatory bail in a case under NDPS Act, plea for grant of anticipatory bail in a case under NDPS Act, plea for grant of anticipatory bail in a case under NDPS Act, plea for grant of anticipatory bail in a case under NDPS Act, 1985; in a judgment titled as Vijay Singh vs. The State of 1985; in a judgment titled as Vijay Singh vs. The State of 1985; in a judgment titled as Vijay Singh vs. The State of 1985; in a judgment titled as Vijay Singh vs. The State of al Leave to Appeal (Crl.) No.(s) Haryana', bearing Special Leave to Appeal (Crl.) No.(s) al Leave to Appeal (Crl.) No.(s) Haryana', bearing Speci 1266/2023 decided on 17.05.2023 has held as under: 1266/2023 decided on 17.05.2023 has held as under: 1266/2023 decided on 17.05.2023 has held as under: GURPREET 2026.03.10 13:33 I attest to the accuracy and authenticity of this document. CRM-M-9388 9388-2026 3

7. "The petitioner "The petitioner "The petitioner is alleged to have committed is alleged to have committed is alleged to have committed offences under Sections 15 and 29 of the Narcotic Drugs and offences under Sections 15 and 29 of the Narcotic Drugs and offences under Sections 15 and 29 of the Narcotic Drugs and offences under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the NDPS Psychotropic Substances Act, 1985 (hereinafter called the NDPS Psychotropic Substances Act, 1985 (hereinafter called the NDPS Psychotropic Substances Act, 1985 (hereinafter called the NDPS Act)". His application for anticipatory bail was rejected by the Act)". His application for anticipatory bail was rejected by the Act)". His application for anticipatory bail was rejected by the Act)". His application for anticipatory bail was rejected by the High Court. The allegations in the FIR are that 1.7 Kg of Poppy High Court. The allegations in the FIR are that 1.7 Kg of Poppy High Court. The allegations in the FIR are that 1.7 Kg of Poppy High Court. The allegations in the FIR are that 1.7 Kg of Poppy accused. The Straw (Doda Post) was recovered from the co-accused. The Straw (Doda Post) was recovered from the co Straw (Doda Post) was recovered from the co petitioner concededly was not present at the spot but was named petitioner concededly was not present at the spot but was named petitioner concededly was not present at the spot but was named petitioner concededly was not present at the spot but was named accused. That apart there is no other material to by the co-accused. That apart there is no other material to accused. That apart there is no other material to by the implicate the petitioner. The prosecution urges that another case implicate the petitioner. The prosecution urges that another case implicate the petitioner. The prosecution urges that another case implicate the petitioner. The prosecution urges that another case with allegations of commission of offence under the NDPS Act with allegations of commission of offence under the NDPS Act with allegations of commission of offence under the NDPS Act with allegations of commission of offence under the NDPS Act are pending against the petitioner. It is not denied that in those are pending against the petitioner. It is not denied that in those are pending against the petitioner. It is not denied that in those are pending against the petitioner. It is not denied that in those ngs he was granted bail. Having regard to these proceedings he was granted bail. Having regard to these ngs he was granted bail. Having regard to these proceedi circumstances, the petitioner is directed to the enlarged on circumstances, the petitioner is directed to the enlarged on circumstances, the petitioner is directed to the enlarged on circumstances, the petitioner is directed to the enlarged on anticipatory bail, subject to such terms and conditions as the anticipatory bail, subject to such terms and conditions as the anticipatory bail, subject to such terms and conditions as the anticipatory bail, subject to such terms and conditions as the trial Court may impose. The petition is allowed." trial Court may impose. The petition is allowed." trial Court may impose. The petition is allowed." ed State counsel that As regards the submission of learned State counsel that As regards the submission of learn petitioner is involved in three more criminal cases, reference is petitioner is involved in three more criminal cases, reference is petitioner is involved in three more criminal cases, reference is petitioner is involved in three more criminal cases, reference is judgment of the Hon'ble Supreme Court in placed upon the judgment of the Hon'ble Supreme Court in judgment of the Hon'ble Supreme Court in placed upon the 'Maulana Mohd. Amir Rashadi Vs. State of U.P. and another', 'Maulana Mohd. Amir Rashadi Vs. State of U.P. and another', 'Maulana Mohd. Amir Rashadi Vs. State of U.P. and another', 'Maulana Mohd. Amir Rashadi Vs. State of U.P. and another',