ROCKY v. PUNJAB STATE OF PUNJAB
Case Details
CRM-M-55837 55837-2025 IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH AT CHANDIGARH - -1- 305 CRM CRM-M-55837-2025 Date of decision: 01.12.2025 Date of decision: BALWINDER SINGH @ MONTY @ ROCKY BALWINDER SINGH @ MONTY @ ROCKY BALWINDER SINGH @ MONTY @ ROCKY Versus PUNJAB STATE OF PUNJAB ….Petitioner ….Petitioner ....Respondent ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. , Advocate for the petitioner. Mr. P.K.S. Phoolka, Advocate for the petitioner.
Legal Reasoning
Mr. Amrit Pal Singh Gill, DAG, Punjab. Mr. Amrit Pal Singh Gill, DAG, Punjab Mr. Amrit Pal Singh Gill, 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.196 dated 03.09.2025, registered under seeks anticipatory bail in case FIR No.196 dated 03.09.2025, registered under FIR No.196 dated 03.09.2025, registered under seeks anticipatory bail in case gs and Psychotropic Substances Sections 21 (c) and 29 of the Narcotic Drugs and Psychotropic Substances gs and Psychotropic Substances Sections 21 (c) and 29 of the Narcotic Dru Act, 1985, at Police Station Sadar Bathinda, District Bathinda. Act, 1985, at Police Station Sadar Bathinda, District Bathinda Act, 1985, at Police Station Sadar Bathinda, District Bathinda 2. On 01.10.2025, 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 Prayer in the present petition filed under Section 482 of the “ to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail BNSS, 2023 is for grant of anticipatory bail case FIR No.196 dated 03.09.2025, registered under Sections 21 case FIR No.196 dated 03.09.2025, registered under Sections 21 case FIR No.196 dated 03.09.2025, registered under Sections 21 case FIR No.196 dated 03.09.2025, registered under Sections 21 (c) and 29 of the Narcotic Drugs and Psychotropic Substances (c) and 29 of the Narcotic Drugs and Psychotropic Substances (c) and 29 of the Narcotic Drugs and Psychotropic Substances (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Sadar Bathinda, District Bathinda. Act, 1985, at Police Station Sadar Bathinda, District Bathinda. Act, 1985, at Police Station Sadar Bathinda, District Bathinda. t on Brief facts as per the prosecution case are that on Brief facts as per the prosecution case are tha 03.09.2025, ASI Paramjit Singh along with other police officials 03.09.2025, ASI Paramjit Singh along with other police officials 03.09.2025, ASI Paramjit Singh along with other police officials 03.09.2025, ASI Paramjit Singh along with other police officials was on patrolling duty and on suspicion, apprehended three was on patrolling duty and on suspicion, apprehended three was on patrolling duty and on suspicion, apprehended three was on patrolling duty and on suspicion, apprehended three persons namely Satish Kumar, Sanjeev Kumar @ Peetu @ Binni persons namely Satish Kumar, Sanjeev Kumar @ Peetu @ Binni persons namely Satish Kumar, Sanjeev Kumar @ Peetu @ Binni GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document. CRM-M-55837 55837-2025 - -2- and Jaswinder Singh @ Koki, who were found in conscious and Jaswinder Singh @ Koki, who were found in conscious and Jaswinder Singh @ Koki, who were found in conscious and Jaswinder Singh @ Koki, who were found in conscious ion of 553 grams heroin. Initially, the FIR in question possession of 553 grams heroin. Initially, the FIR in question ion of 553 grams heroin. Initially, the FIR in question possess was registered against the said co-accused. was registered against the said co was registered against the said 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 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 neither present at the further contends that the petitioner was neither present at the further contends that the petitioner was further contends that the petitioner was 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 been nominated as an accused only on the basis of the disclosure been nominated as an accused only on the basis of the disclosure been nominated as an accused only on the basis of the disclosure been nominated as an accused only on the basis of the disclosure statement made by co-accused, as suppli statement made by co er of the alleged accused, as supplier of the alleged contraband. Apart from the disclosure statement, there is no contraband. Apart from the disclosure statement, there is no contraband. Apart from the disclosure statement, there is no contraband. Apart from the disclosure statement, there is no other evidence to connect the petitioner with the offence in other evidence to connect the petitioner with the offence in other evidence to connect the petitioner with the offence in other evidence to connect the petitioner with the offence in - question and it is a trite law that disclosure statement of the co question and it is a trite law that disclosure statement of the co- question and it is a trite law that disclosure statement of the co admissible. No accused during his custodial interrogation is not admissible. No accused during his custodial interrogation is not accused during his custodial interrogation is not recovery is to be effected from the petitioner. Learned counsel recovery is to be effected from the petitioner. Learned counsel recovery is to be effected from the petitioner. Learned counsel recovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to has further submitted that the petitioner is ready and willing to has further submitted that the petitioner is ready and willing to has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the join the investigation as and when called upon to do so by the join the investigation as and when called upon to do so by the join the investigation as and when called upon to do so by the investigating agency. investigating agency. Notice of motion. ing of the Court, Mr. Ravinder Singh, DAG, On asking of the Court, Mr. Ravinder Singh, DAG, ing of the Court, Mr. Ravinder Singh, DAG, State and seeks Punjab, accepts notice on behalf of respondent-State and seeks Punjab, accepts notice on behalf of respondent Punjab, accepts notice on behalf of respondent time to file status report in the matter. time to file status report in the matter. time to file status report in the matter. Adjourned to 03.11.2025. 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 from today and would appear as and investigation within a week from today and would appear as and from today and would appear as and investigation within a week 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 the Investigating Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be 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 stigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner stigating Officer. The petitioner satisfaction of Arresting/Inve 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 BNSS, 2023. GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document. CRM-M-55837 55837-2025 - -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 01.10.2025 passed by this Court, the petitioner has joined .2025 passed by this Court, the petitioner has joined the investigation. He has further argued that there is no connection between the investigation. He has further argued that there is no connection between the investigation. He has further argued that there is no connection between the investigation. He has further argued that there is no connection between 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 stat implicated only on the basis of disclosure statement of the co-accused. 4. Learned counsel for the State, (on instructions from ASI Learned counsel for the State, Jagjit on instructions from ASI Jagjit in terms , has submitted that the petitioner has joined the investigation in terms , has submitted that the petitioner has joined the investigation Singh), has submitted that the petitioner has joined the investigation and is no longer of interim order/protection earlier afforded to the petitioner and is no longer of interim order/protection earlier afforded to the petitioner of interim order/protection earlier afforded to the petitioner required for further quired for further custodial interrogation. He has submitted that . He has however submitted that since the FIR in question is under the NDPS Act of 1985, the petitioner ought since the FIR in question is under the NDPS Act of 1985, the petitioner ought since the FIR in question is under the NDPS Act of 1985, the petitioner ought since the FIR in question is under the NDPS Act of 1985, the petitioner ought not to be extended the concession of anticipatory bail. not to be extended the concession of anticipatory bail. not to be extended the concession of anticipatory bail. 5. 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 On a specific query put by this Court to the 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 found during investigation to connect the petitioner with the recovered found during investigation to connect the petitioner with the recovered found during investigation to connect the petitioner with the recovered found during investigation to connect the petitioner with the recovered 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 sure statement has been found to connect the petitioner with either than disclosure statement has been found to connect the petitioner with either sure statement has been found to connect the petitioner with either sure statement has been found to connect the petitioner with either the offence or the recovered contraband. the offence or the recovered contraband. 6. I have heard learned counsel for the rival parties and perused the I have heard learned counsel for the rival parties and perused the I have heard learned counsel for the rival parties and perused the I have heard learned counsel for the rival parties and perused the available record. available record. 7. in to a At this juncture, it would be apposite to refer herein to a At this juncture, it would be apposite to refer here At this juncture, it would be apposite to refer here ‘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 , relevant whereof 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 under section 53 of the NDPS Act are "police invested with powers under section 53 of the NDPS Act are "police under section 53 of the NDPS Act are "police invested with powers 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 result of which any confessional statement made to them would be result of which any confessional statement made to them would be result of which any confessional statement made to them would be result of which any confessional statement made to them would be 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 barred under the provisions of section 25 of the Evidence Act, and taken into account in order to convict an accused under the cannot be taken into account in order to convict an accused under the taken into account in order to convict an accused under the cannot be GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document. 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 CRM-M-55837 55837-2025 - -4- 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. More recently, the Hon'ble Supreme Court in a judgment titled as More recently, the Hon'ble Supreme Court in a judgment titled as More recently, the Hon'ble Supreme Court in a judgment titled as More recently, the Hon'ble Supreme Court in a judgment titled as ‘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’, in the case of Tofan decidendi of the judgment of Hon’ble Supreme Court in the case of Tofan decidendi of the judgment of Hon’ble Supreme Court decidendi of the judgment of Hon’ble Supreme Court 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’ has held as under: Appeal (Crl.) No.(s)1266/2023 decided on 17.05.2023’ Appeal (Crl.) No.(s)1266/2023 decided on 17.05.2023’ "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 (hereinafter called the NDPS Act". His application for anticipatory bail (hereinafter called the NDPS Act". His application for anticipatory bail (hereinafter called the NDPS Act". His application for anticipatory bail (hereinafter called the NDPS Act". His application for anticipatory bail ons 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 allegati was rejected by the High Court. The allegati 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 accused. That apart there is no other material to implicate the the co-accused. That apart there is no other material to implicate the accused. That apart there is no other material to implicate the accused. That apart there is no other material to implicate the cution urges that another case with allegations of petitioner. The prosecution urges that another case with allegations of cution urges that another case with allegations of petitioner. The prose 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 to bail. Having regard to these circumstances, the petitioner is directed to bail. Having regard to these circumstances, the petitioner is directed bail. Having regard to these circumstances, the petitioner is directed 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
Decision
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 case also, t solely on the basis of the basis of the disclosure statement of the co 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 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 co-accused will be subject to compreh ensive scrutiny during the course of the accused will be subject to comprehensive scrutiny during the course of the ensive scrutiny during the course of the GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document. CRM-M-55837 55837-2025 - -5- 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 petitioner 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 01 is made absolute. The petitioner 01.10.2025 passed by this Court is made absolute. The petitioner is made absolute. The petitioner ng 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 construed to be an opinion on the merits of the case. construed to be an opinion on the merits of the case. construed to be an opinion on the merits of the case. 01.12.2025 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No ii) Whether reportable? Yes/No GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document.