NAVEEN KUMAR NAVEEN KUMAR v. OF PUNJAB STATE OF PUNJAB
Case Details
CRM-M-31701 31701-2025 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH 208 CRM-M-31701-2025 (O&M) Date of decision: 28.10.2025 NAVEEN KUMAR NAVEEN KUMAR .... Petitioner Versus OF PUNJAB STATE OF PUNJAB .... Respondent CORAM:
Legal Reasoning
AMAN CHAUDHARY HON’BLE MR. JUSTICE AMAN CHAUDHARY Present: Ms. Mandeep Kaur, Advocate for the petitioner. Mr. Manipal Singh Atwal, DAG Punjab. Mr. Manipal Singh Atwal, DAG Punjab ------ AMAN CHAUDHARY, J. (ORAL) AMAN CHAUDHARY 1. filed by the petitioner under The present petition has been filed by the petitioner under The present petition has been seeking the Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 .2025, concession of anticipatory bail in case of FIR No. 48, dated 18.04.2025, concession of anticipatory bail in case of FIR No. concession of anticipatory bail in case of FIR No. registered under Sections 21 (b) and 29 of the NDPS Act registered under Sections at Police Station 21 (b) and 29 of the NDPS Act at Police Station hinda. Cantt. Bathinda. 2. On 12.06.2025, the Co-ordinate Bench of this Court had ordinate Bench of this Court had passed the following order:- passed the following order: This petition has been filed under Section 482 of “ This petition has been filed under Section 482 of This petition has been filed under Section 482 of BNSS, 2023 by the petitioner for grant of anticipatory BNSS, 2023 by the petitioner for grant of anticipatory BNSS, 2023 by the petitioner for grant of anticipatory bail in FIR No.48 dated 18.04.2025, under Sections bail in FIR No.48 dated 18.04.2025, under Sections bail in FIR No.48 dated 18.04.2025, under Sections 21(b) and 29 of the NDPS Act registered at Police 21(b) and 29 of the NDPS Act registered at Police 21(b) and 29 of the NDPS Act registered at Police Station Cfntt. Bathinda. The case of the prosecution is that 06 grams of heroin ution is that 06 grams of heroin ution is that 06 grams of heroin was recovered from one Sahil, who had disclosed that was recovered from one Sahil, who had disclosed that was recovered from one Sahil, who had disclosed that petitioner is the supplier of the said contraband. Learned petitioner is the supplier of the said contraband. Learned petitioner is the supplier of the said contraband. Learned counsel for the petitioner submits that apart from the counsel for the petitioner submits that apart from the counsel for the petitioner submits that apart from the disclosure statement, there is no other evidence to disclosure statement, there is no other evidence to disclosure statement, there is no other evidence to icate the petitioner in the offence. She has relied implicate the petitioner in the offence. She has relied icate the petitioner in the offence. She has relied HIMANSHU 2025.10.29 19:22 I attest to the accuracy and integrity of this document CRM-M-31701 31701-2025 (O&M) 2 upon the judgment of the Hon’ble Supreme Court in the upon the judgment of the Hon’ble Supreme Court in the upon the judgment of the Hon’ble Supreme Court in the case of Tofan Singh versus The State of Tamil Nadu, case of Tofan Singh versus The State of Tamil Nadu, case of Tofan Singh versus The State of Tamil Nadu, (2021) 4 SCC 1. Notice of motion for 16.09.2025. Notice of motion for 16.09.2025. Sr. On the asking of the Court, Mr. Gautam Thapar, Sr. On the asking of the Court, Mr. Gautam Thapar, DAG, Punjab accepts notice on behalf of the State and DAG, Punjab accepts notice on behalf of the State and DAG, Punjab accepts notice on behalf of the State and prays for time to file reply. He may do so by the prays for time to file reply. He may do so by the prays for time to file reply. He may do so by the adjourned date with an advance copy to the opposite adjourned date with an advance copy to the opposite adjourned date with an advance copy to the opposite counsel. In the meantime, the petitioner is directed to appear In the meantime, the petitioner is directed to appear In the meantime, the petitioner is directed to appear join join before before investigation as and when required and in the event of investigation as and when required and in the event of investigation as and when required and in the event of his arrest, he shall be released on interim bail on his his arrest, he shall be released on interim bail on his his arrest, he shall be released on interim bail on his satisfaction of furnishing bail bonds satisfaction of furnishing bail bonds furnishing bail bonds satisfaction of SHO/Investigating Agency, subject to the following SHO/Investigating Agency, subject to the following SHO/Investigating Agency, subject to the following on 482(2) of the conditions as envisaged under Section 482(2) of the conditions as envisaged under Secti BNSS (erstwhile Section 438(2) Cr.P.C.]- BNSS (erstwhile Section 438(2) Cr.P.C.] I) icer the SHO/Investigating Officer the SHO/Investigating Off the the the to to to to to that the petitioner shall make himself available for that the petitioner shall make himself available for that the petitioner shall make himself available for interrogation by a police officer as and when interrogation by a police officer as and when interrogation by a police officer as and when required; that the petitioner shall not, directly or indirectly, that the petitioner shall not, directly or indirectly, that the petitioner shall not, directly or indirectly, make any inducement, threat or pro mise to any make any inducement, threat or promise to any person acquainted with the facts of the case so as person acquainted with the facts of the case so as person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to to dissuade him/her from disclosing such facts to to dissuade him/her from disclosing such facts to the Court or to any police officer; the Court or to any police officer; that the petitioner shall not leave India without the that the petitioner shall not leave India without the that the petitioner shall not leave India without the prior permission of the Court; prior permission of the Court; s may be imposed under such other condition as may be imposed under such other condition a section (3) of Section 480, as if the bail were sub-section (3) of Section 480, as if the bail were section (3) of Section 480, as if the bail were granted under that section.” granted under that section.” II) III) IV) 3. - Learned counsel submits that in pursuance of the afore Learned counsel submits that in pursuance of the afore- mentioned order, the petitioner has not only joined investigation but also mentioned order, the petitioner has not only joined investigation but also mentioned order, the petitioner has not only joined investigation but also mentioned order, the petitioner has not only joined investigation but also cooperated with the investigating agency. He further submits that in fully cooperated with the investigating agency. He further submits that in cooperated with the investigating agency. He further submits that in cooperated with the investigating agency. He further submits that in to appear, he shall case the investigating agency requires the petitioner to appear, he shall case the investigating agency requires the petitioner case the investigating agency requires the petitioner make himself available without demur. make himself available without demur. 4. Learned State counsel on instructions affirms the factum of Learned State counsel on instructions affirms the factum of Learned State counsel on instructions affirms the factum of joining the investigation by the petitioner and cooperating with the investigation by the petitioner and cooperating with the is not investigating agency. He also submits that at this stage, the petitioner is not investigating agency. He also submits that at this stage, the petitioner investigating agency. He also submits that at this stage, the petitioner required for further custodial interrogation. required for further custodial interrogation. HIMANSHU 2025.10.29 19:22 I attest to the accuracy and integrity of this document CRM-M-31701 31701-2025 (O&M) 3 5. In view of the above and without expressing any opinion on In view of the above and without expressing any opinion on In view of the above and without expressing any opinion on s of the case, anticipatory bail petition filed by the petitioner is the merits of the case, anticipatory bail petition filed by the petitioner is s of the case, anticipatory bail petition filed by the petitioner is s of the case, anticipatory bail petition filed by the petitioner is granting interim bail to him, is allowed and the order dated 12.06.2025 granting interim bail to him, is granting interim bail to him, is allowed and the order dated hereby made absolute, subject to compliance of conditions as specified hereby made absolute, subject to compliance of conditions as specified hereby made absolute, subject to compliance of conditions as specified hereby made absolute, subject to compliance of conditions as specified under Section 482(2) of BNSS, 2023. under Section 6. However, it is made clear that if the petitioner fails to join and However, it is made clear that if the petitioner fails to join and However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State cooperate with the investigating agency as and when required, the State cooperate with the investigating agency as and when required, the State cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present would be at liberty to move an application for cancellation of the present would be at liberty to move an application for cancellation of the present would be at liberty to move an application for cancellation of the present anticipatory bail granted to him. anticipatory bail granted to him. (AMAN CHAUDHARY AMAN CHAUDHARY) JUDGE 28.10.2025 himanshu Whether speaking/reasoned: Whether reportable: Yes/No Yes/No HIMANSHU 2025.10.29 19:22 I attest to the accuracy and integrity of this document