PUNJAB vs JUSTICE RUPINDERJIT CHAHAL

r. Rajesh Kapila, Advocate and Mr. Rajesh Kapila, Advocate and Ms. Himani Kapila, Advocate Ms. Himani Kapila, Advocate for the petitioner. for the petitioner. Mr. Ravinder Singh, DAG, Punjab. Mr. Ravinder Singh, DAG, Punjab Mr. Ravinder Singh, DAG, Punjab ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL)

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.188 dated 11.07.2025, registered under seeks anticipatory bail in case FIR No.188 dated 11.07.2025, registered under FIR No.188 dated 11.07.2025, registered under seeks anticipatory bail in case otropic Substances Act, 1985 Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 Section 21 of the Narcotic Drugs and Psych Section 21 of the Narcotic Drugs and Psych (Section 29 of the NDPS Act added lateron) at Police Station Anti Narcotic (Section 29 of the NDPS Act added lateron) at Police Station Anti Narcotic (Section 29 of the NDPS Act added lateron) at Police Station Anti Narcotic (Section 29 of the NDPS Act added lateron) at Police Station Anti Narcotic Task Force (ANTF), Police District ANTF Wing, District SAS Nagar. Task Force (ANTF), Police District ANTF Wing, District SAS Nagar Task Force (ANTF), Police District ANTF Wing, District SAS Nagar

2. On 08.12.2025, the following order On following order was passed: - “Prayer in the present petition “ filed under Section 482 of the Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.188 dated 11.07.2025, registered under Section 21 case FIR No.188 dated 11.07.2025, registered under Section 21 case FIR No.188 dated 11.07.2025, registered under Section 21 case FIR No.188 dated 11.07.2025, registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 of the Narcotic Drugs and Psychotropic Substances Act, 1985 of the Narcotic Drugs and Psychotropic Substances Act, 1985 of the Narcotic Drugs and Psychotropic Substances Act, 1985 eron) at Police Station (Section 29 of the NDPS Act added lateron) at Police Station (Section 29 of the NDPS Act added lat (Section 29 of the NDPS Act added lat Anti Narcotic Task Force (ANTF), Police District ANTF Wing, Anti Narcotic Task Force (ANTF), Police District ANTF Wing, Anti Narcotic Task Force (ANTF), Police District ANTF Wing, Anti Narcotic Task Force (ANTF), Police District ANTF Wing, District SAS Nagar. District SAS Nagar. GURPREET 2026.01.15 17:50 I attest to the accuracy and authenticity of this document. CRM-M-48366 48366-2025 - -2- Brief facts as per the prosecution case are that on Brief facts as per the prosecution case are that on Brief facts as per the prosecution case are that on

11.07.2025, ASI Satpal along with other police officials was on 11.07.2025, ASI Satpal along with other police officials was on 11.07.2025, ASI Satpal along with other police officials was on 11.07.2025, ASI Satpal along with other police officials was on patrolling duty and on patrolling duty and on patrolling duty and on of secret the basis of secret the basis the basis information, information, apprehended Robin and Raman, who were found in conscious apprehended Robin and Raman, who were found in conscious apprehended Robin and Raman, who were found in conscious apprehended Robin and Raman, who were found in conscious possession of 500 grams of heroin. Initially, the FIR in question possession of 500 grams of heroin. Initially, the FIR in question possession of 500 grams of heroin. Initially, the FIR in question possession of 500 grams of heroin. Initially, the FIR in question was registered against the abovesaid co-accused. was registered against the abovesaid co was registered against the abovesaid co Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the ner has been falsely implicated in the present case. He petitioner has been falsely implicated in the present case. He ner has been falsely implicated in the present case. He petitio further contends that the petitioner was neither present at the further contends that the petitioner was neither present at the further contends that the petitioner was neither present at the further contends that the petitioner was neither present at the spot, nor was named in the FIR and he has no concern with the spot, nor was named in the FIR and he has no concern with the spot, nor was named in the FIR and he has no concern with the spot, nor was named in the FIR and he has no concern with the said incident. It has also been contended that the petitioner has said incident. It has also been contended that the petitioner has said incident. It has also been contended that the petitioner has said incident. It has also been contended that the petitioner has inated as an accused only on the basis of the disclosure been nominated as an accused only on the basis of the disclosure inated as an accused only on the basis of the disclosure been nom accused Robin in which he has stated that statement made by co-accused Robin in which he has stated that accused Robin in which he has stated that statement made by co he had brought the alleged contraband from the petitioner. Apart he had brought the alleged contraband from the petitioner. Apart he had brought the alleged contraband from the petitioner. Apart he had brought the alleged contraband from the petitioner. Apart from the disclosure statement, there is no other evidence to from the disclosure statement, there is no other evidence to from the disclosure statement, there is no other evidence to from the disclosure statement, there is no other evidence to e petitioner with the offence in question and it is a trite connect the petitioner with the offence in question and it is a trite e petitioner with the offence in question and it is a trite connect th that disclosure statement of that disclosure statement of that disclosure statement of accused during the co-accused during the co the co hiscustodial interrogation is not admissible. No recovery is to be hiscustodial interrogation is not admissible. No recovery is to be hiscustodial interrogation is not admissible. No recovery is to be hiscustodial interrogation is not admissible. No recovery is to be effected from the petitioner. Learned counsel has further effected from the petitioner. Learned counsel has further effected from the petitioner. Learned counsel has further effected from the petitioner. Learned counsel has further he petitioner is ready and willing to join the submitted that the petitioner is ready and willing to join the he petitioner is ready and willing to join the submitted that t investigation as and when called upon to do so by the investigation as and when called upon to do so by the investigation as and when called upon to do so by the investigation as and when called upon to do so by the investigating agency. investigating agency. Notice of motion. On asking of the Court, Mr. Amit Shukla, DAG, Punjab, On asking of the Court, Mr. Amit Shukla, DAG, Punjab, On asking of the Court, Mr. Amit Shukla, DAG, Punjab, accepts notice on behalf of respondent-State and seeks time to accepts notice on behalf of respondent accepts notice on behalf of respondent file status report in the matter. file status report in the matter. Adjourned to 22.12.2025. In the meantime, the petitioner is directed to join In the meantime, the petitioner is directed to join In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and investigation within a week from today and would appear as and investigation within a week from today and would appear as and investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with when required by the Investigating Officer and cooperate with when required by the Investigating Officer and cooperate with when required by the Investigating Officer and cooperate with ng Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be ng Agency. In the event of arrest, he shall be the Investigati admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner GURPREET 2026.01.15 17:50 I attest to the accuracy and authenticity of this document. CRM-M-48366 48366-2025 shall also abide by the conditions as envisaged under Section shall also abide by the conditions as envisaged under Section shall also abide by the conditions as envisaged under Section shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” 482(2) of - -3-

3. Learned counsel for the petitioner submits that in compliance Learned counsel for the petitioner submits that in compliance Learned counsel for the petitioner submits that in compliance Learned counsel for the petitioner submits that in compliance with the order dated .2025 passed by this Court, the petitioner has joined the order dated 08.12.2025 passed by this Court, the petitioner has joined .2025 passed by this Court, the petitioner has joined e has further argued that there is no connection between the investigation. He has further argued that there is no connection between e has further argued that there is no connection between the investigation. the petitioner and the co-accused and that the petitioner and the petitioner is sought to be that the petitioner is sought to be implicated only on the basis of the disclosure statement implicated only on the basis of disclosure statement of the co-accused.

4. Learned counsel for the State, (on instructions from Learned counsel for the State, Chander (on instructions from ASI Chander , has submitted that the petitioner has joined the investigation in , has submitted that the petitioner has joined t Shekhar), has submitted that the petitioner has joined t and is no terms of interim order/protection earlier afforded to the petitioner and is no terms of interim order/protection earlier afforded to the petitioner terms of interim order/protection earlier afforded to the petitioner longer required for further custodial interrogation longer required for further submitted custodial interrogation. He has however submitted that since the FIR in question is under the NDPS Act of 1985, the petitioner that since the FIR in question is under the NDPS Act of 1985, the petitioner that since the FIR in question is under the NDPS Act of 1985, the petitioner that since the FIR in question is under the NDPS Act of 1985, the petitioner ought not to be extended the concession of anticipatory bail. ought not to be extended the concession of anticipatory bail. ought not to be extended the concession of anticipatory bail.

5. On a specific query put by this Court to the learned State counsel On a specific query put by this Court to the learned State counsel On a specific query put by this Court to the learned State counsel On a specific query put by this Court to the learned State counsel as to whether, apart from the disclosure statement, any material has been as to whether, apart from the disclosure statement, any material has been as to whether, apart from the disclosure statement, any material has been as to whether, apart from the disclosure statement, any material has been ner with the recovered found during investigation to connect the petitioner with the recovered found during investigation to connect the petitio found during investigation to connect the petitio contraband, to which learned State counsel submitted that no material other contraband, to which learned State counsel submitted that no material other contraband, to which learned State counsel submitted that no material other contraband, to which learned State counsel submitted that no material other than disclosure statement has been found to connect the petitioner with either than disclosure statement has been found to connect the petitioner with either than disclosure statement has been found to connect the petitioner with either than disclosure statement has been found to connect the petitioner with either the offence or the recovered contraband. the offence or the recovered contraband.

6. the rival parties and perused the I have heard learned counsel for the rival parties and perused the the rival parties and perused the I have heard learned counsel for available record. available record.

7. At this juncture, it would be apposite to refer herein to a At this juncture, it would be apposite to refer herein to a At this juncture, it would be apposite to refer herein to a At this juncture, it would be apposite to refer herein to a ‘Tofan Singh vs. judgment passed by the Hon'ble Supreme Court titled as ‘Tofan Singh vs. judgment passed by the Hon'ble Supreme Court titled as judgment passed by the Hon'ble Supreme Court titled as f State of Tamil Nadu, AIR 2020 Supreme Court 5592’, relevant whereof State of Tamil Nadu, AIR 2020 Supreme Court 5592’ State of Tamil Nadu, AIR 2020 Supreme Court 5592’ reads as under: reads as under: "155. We answer the reference by stating: (i) That the officers who are "155. We answer the reference by stating: (i) That the officers who are "155. We answer the reference by stating: (i) That the officers who are "155. We answer the reference by stating: (i) That the officers who are invested with powers under section 53 of the NDPS Act are "police invested with powers under section 53 of the NDPS Act are "police invested with powers under section 53 of the NDPS Act are "police invested with powers under section 53 of the NDPS Act are "police officers within the meaning of section 25 of the Evidence Act, as a officers within the meaning of section 25 of the Evidence Act, as a officers within the meaning of section 25 of the Evidence Act, as a officers within the meaning of section 25 of the Evidence Act, as a statement made to them would be result of which any confessional statement made to them would be statement made to them would be result of which any confessional barred under the provisions of section 25 of the Evidence Act, and barred under the provisions of section 25 of the Evidence Act, and barred under the provisions of section 25 of the Evidence Act, and GURPREET 2026.01.15 17:50 I attest to the accuracy and authenticity of this document. CRM-M-48366 48366-2025 - -4- cannot be taken into account in order to convict an accused under the cannot be taken into account in order to convict an accused under the cannot be taken into account in order to convict an accused under the cannot be taken into account in order to convict an accused under the NDPS Act (ii) That a statement recorded under section 67 of the NDPS NDPS Act (ii) That a statement recorded under section 67 of the NDPS NDPS Act (ii) That a statement recorded under section 67 of the NDPS NDPS Act (ii) That a statement recorded under section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence Act cannot be used as a confessional statement in the trial of an offence Act cannot be used as a confessional statement in the trial of an offence Act cannot be used as a confessional statement in the trial of an offence under the NDPS ACT". under the NDPS ACT".

8. he Hon'ble Supreme Court in a judgment titled as More recently, the Hon'ble Supreme Court in a judgment titled as he Hon'ble Supreme Court in a judgment titled as More recently, t ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu Vs. State of ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu Vs. State of ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu Vs. State of ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu Vs. State of has reiterated the ratio Gujrat, Narcotics Control Bureau’ 2024 INSC 290’, has reiterated the ratio Gujrat, Narcotics Control Bureau’ 2024 INSC 290’, Gujrat, Narcotics Control Bureau’ 2024 INSC 290’, Tofan decidendi of the judgment of Hon’ble Supreme Court in the case of Tofan decidendi of the judgment of Hon’ble Supreme Court in the case of decidendi of the judgment of Hon’ble Supreme Court in the case of Singh (supra). Singh (supra).

9. he Hon'ble Supreme Court while dealing with a plea for Further, the Hon'ble Supreme Court while dealing with a plea for he Hon'ble Supreme Court while dealing with a plea for Further, grant of anticipatory bail in a case under NDPS Act, 1985; in a judgment grant of anticipatory bail in a case under NDPS Act, 1985; in a judgment grant of anticipatory bail in a case under NDPS Act, 1985; in a judgment grant of anticipatory bail in a case under NDPS Act, 1985; in a judgment ‘Vijay Singh vs. The State of Haryana, bearing Special Leave to titled as ‘Vijay Singh vs. The State of Haryana, bearing Special Leave to ‘Vijay Singh vs. The State of Haryana, bearing Special Leave to ‘Vijay Singh vs. The State of Haryana, bearing Special Leave to Appeal (Crl.) No.(s)1266/2023 decided on 17.05.2023’ Appeal (Crl.) No.(s)1266/2023 decided on 17.05.2023’ No.(s)1266/2023 decided on 17.05.2023’ has held as under: "The petitioner is alleged to have committed offences under Sections 15 "The petitioner is alleged to have committed offences under Sections 15 "The petitioner is alleged to have committed offences under Sections 15 "The petitioner is alleged to have committed offences under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 cipatory bail (hereinafter called the NDPS Act". His application for anticipatory bail (hereinafter called the NDPS Act". His application for anti (hereinafter called the NDPS Act". His application for anti was rejected by the High Court. The allegations in the FIR are that 1.7 was rejected by the High Court. The allegations in the FIR are that 1.7 was rejected by the High Court. The allegations in the FIR are that 1.7 was rejected by the High Court. The allegations in the FIR are that 1.7 accused. Kg of Poppy Straw (Doda Post) was recovered from the co-accused. Kg of Poppy Straw (Doda Post) was recovered from the co Kg of Poppy Straw (Doda Post) was recovered from the co The petitioner concededly was not present at the spot but was named by The petitioner concededly was not present at the spot but was named by The petitioner concededly was not present at the spot but was named by The petitioner concededly was not present at the spot but was named by the co-accused. That apart there i s no other material to implicate the accused. That apart there is no other material to implicate the s no other material to implicate the petitioner. The prosecution urges that another case with allegations of petitioner. The prosecution urges that another case with allegations of petitioner. The prosecution urges that another case with allegations of petitioner. The prosecution urges that another case with allegations of commission of offence under the NDPS Act are pending against the commission of offence under the NDPS Act are pending against the commission of offence under the NDPS Act are pending against the commission of offence under the NDPS Act are pending against the petitioner. It is not denied that in those proceedings he was granted petitioner. It is not denied that in those proceedings he was granted petitioner. It is not denied that in those proceedings he was granted petitioner. It is not denied that in those proceedings he was granted regard to these circumstances, the petitioner is directed to bail. Having regard to these circumstances, the petitioner is directed to regard to these circumstances, the petitioner is directed to bail. Having the enlarged on anticipatory bail, subject to such terms and conditions the enlarged on anticipatory bail, subject to such terms and conditions the enlarged on anticipatory bail, subject to such terms and conditions the enlarged on anticipatory bail, subject to such terms and conditions as the trial Court may impose. The petition is allowed. All pending as the trial Court may impose. The petition is allowed. All pending as the trial Court may impose. The petition is allowed. All pending as the trial Court may impose. The petition is allowed. All pending applications are disposed of." applications are disposed of."

10. he petitioner is sought to be arrayed In the present case also, the petitioner is sought to be arrayed he petitioner is sought to be arrayed In the present ca solely on the basis of the disclosure statement of the co solely on the basis of accused. Suffice to disclosure statement of the co-accused. Suffice to say there is no other material available to connect the petitioner with the say there is no other material available to connect the petitioner with the say there is no other material available to connect the petitioner with the say there is no other material available to connect the petitioner with the GURPREET 2026.01.15 17:50 I attest to the accuracy and authenticity of this document. CRM-M-48366 48366-2025 - -5- recovered contraband. The veracity of the disclosure statement made by the recovered contraband. The veracity of the disclosure statement made by the recovered contraband. The veracity of the disclosure statement made by the recovered contraband. The veracity of the disclosure statement made by the accused will be subject to comprehensive scrutiny during the course of the co-accused will be subject to comprehensive scrutiny during the course of the accused will be subject to comprehensive scrutiny during the course of the accused will be subject to comprehensive scrutiny during the course of the trial and the same cannot be a ground to decline the concession of same cannot by itself be a ground to decline the concession of be a ground to decline the concession of especially when he has joined the anticipatory bail to the petitioner, especially when he has joined the especially when he has joined the anticipatory bail to the p protection granted by this Court. investigation in terms of interim order/protection granted by this Court. protection granted by this Court. investigation in terms of interim

11. In view of the above, the petition is allowed and In view of the above, the interim the petition is allowed and the interim order dated 08

08.12.2025 passed by this Court is made absolute. The pe titioner is made absolute. The petitioner by the Investigating shall continue to join investigation as and when required by the Investigating shall continue to join investigation as and when shall continue to join investigation as and when Officer and shall also abide by the conditions as provided under Section Officer and shall also abide by the conditions as provided under Section Officer and shall also abide by the conditions as provided under Section Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. 482(2) of the BNSS.

12. Needless to say anything observed herein above shall not be Needless to say anything observed herein above shall not be Needless to say anything observed herein above shall not be Needless to say anything observed herein above shall not be to be an opinion on the merits of the case. construed to be an opinion on the merits of the case. to be an opinion on the merits of the case.

12.01.2026 Gurpreet i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE GURPREET 2026.01.15 17:50 I attest to the accuracy and authenticity of this document.