17.11.2025 GURBAX SINGH GURBAX SINGH PUNJAB STATE OF PUNJAB v. …
Case Details
CRM-M-58086 58086-2025 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- 300 CRM CRM-M-58086-2025 Date of decision: 17.11.2025 Date of decision: 17.11.2025 GURBAX SINGH GURBAX SINGH PUNJAB STATE OF PUNJAB Versus ….Petitioner ….Petitioner ....Respondent ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Vipul Jindal, Advocate for the petitioner. Present:- Mr. Vipul Jindal, Advocate for the petitioner. Mr. Vipul Jindal, Advocate for the petitioner. AG, Punjab. Mr. Adesh Pal Singh, AAG, Punjab. Mr. ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL) 1. the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the the instant petition filed under Section 482 of the Through 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
Legal Reasoning
FIR No.126 dated 09.09.2025, registered under seeks anticipatory bail in case FIR No.126 dated 09.09.2025, registered under FIR No.126 dated 09.09.2025, registered under seeks anticipatory bail in case otropic Substances Act, Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, Sections 21 and 29 of the Narcotic Drugs and Psych Sections 21 and 29 of the Narcotic Drugs and Psych 1985, at Police Station Zira, District Ferozepur, Punjab. 1985, at Police Station Zira, District Ferozepur, Punjab 1985, at Police Station Zira, District Ferozepur, Punjab 2. On 15.10.2025, 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 “ oner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petiti BNSS, 2023 is for grant of anticipatory bail to the petiti case FIR No.126 dated 09.09.2025, registered under Sections 21 case FIR No.126 dated 09.09.2025, registered under Sections 21 case FIR No.126 dated 09.09.2025, registered under Sections 21 case FIR No.126 dated 09.09.2025, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, and 29 of the Narcotic Drugs and Psychotropic Substances Act, and 29 of the Narcotic Drugs and Psychotropic Substances Act, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Zira, District Ferozepur, Punjab. 1985, at Police Station Zira, District Ferozepur, Punjab. 1985, at Police Station Zira, District Ferozepur, Punjab. 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 09.09.2025, Inspector Jaswinder Singh along with other police 09.09.2025, Inspector Jaswinder Singh along with other police 09.09.2025, Inspector Jaswinder Singh along with other police 09.09.2025, Inspector Jaswinder Singh along with other police officials was on patrolling duty and on suspicion, apprehended a officials was on patrolling duty and on suspicion, apprehended a officials was on patrolling duty and on suspicion, apprehended a officials was on patrolling duty and on suspicion, apprehended a person namely Gurcharan Singh @ Gaggu who was found in person namely Gurcharan Singh @ Gaggu who was found in person namely Gurcharan Singh @ Gaggu who was found in GURPREET 2025.11.29 10:09 I attest to the accuracy and authenticity of this document. CRM-M-58086 58086-2025 - -2- possession of 200 grams of heroin. Initially, the FIR in conscious possession of 200 grams of heroin. Initially, the FIR in possession of 200 grams of heroin. Initially, the FIR in conscious question was registered against the aforesaid co-accused. question was registered against the aforesaid co question was registered against the aforesaid 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 petitioner was neither present at the further contends that the petitioner was neither present at the petitioner was neither present at the further contends that 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 been nominated as an accused only on the basis of disclosure been nominated as an accused only on the basis of disclosure been nominated as an accused only on the basis of disclosure been nominated as an accused only on the basis of disclosure statement made by co-accused statement made by co . Apart from the disclosure accused. Apart from the disclosure statement, there is no other evidence to connect the petitioner statement, there is no other evidence to connect the petitioner statement, there is no other evidence to connect the petitioner statement, there is no other evidence to connect the petitioner with the offence in question and it is a trite law that disclosure with the offence in question and it is a trite law that disclosure with the offence in question and it is a trite law that disclosure with the offence in question and it is a trite law that disclosure accused during his custodial interrogation is statement of the co-accused during his custodial interrogation is accused during his custodial interrogation is statement of the co to be effected from the petitioner. not admissible. No recovery is to be effected from the petitioner. to be effected from the petitioner. not admissible. No recovery is
Legal Reasoning
Learned counsel further submits that the petitioner is ready and Learned counsel further submits that the petitioner is ready and Learned counsel further submits that the petitioner is ready and Learned counsel further submits that the petitioner is ready and the investigation as and when called upon to do so willing to join the investigation as and when called upon to do so the investigation as and when called upon to do so willing to join by the investigating agency. by the investigating agency. Notice of motion. Barnala, Asstt. On asking of the Court, Ms. Navreet Kaur Barnala, Asstt. On asking of the Court, Ms. Navreet Kaur State and A.G., Punjab, accepts notice on behalf of respondent-State and A.G., Punjab, accepts notice on behalf of respondent A.G., Punjab, accepts notice on behalf of respondent seeks time to file the status report in the matter. seeks time to file the status report in the matter. seeks time to file the status report in the matter. Adjourned to 14.11.2025. 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 d appear as and investigation within a week from today and would appear as and investigation within a week from today and woul investigation within a week from today and woul 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 The petitioner satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. satisfaction of Arresting/Investigating Officer. 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. 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 15.10.2025 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 GURPREET 2025.11.29 10:09 I attest to the accuracy and authenticity of this document. CRM-M-58086 58086-2025 - -3- 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 statement of the co-accused. 4. Learned counsel for the State, (on instructions from ASI Learned counsel for the State, Jagdev on instructions from ASI Jagdev 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 er 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 custodial interrogation. He has required for further 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. o 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 t On a specific query put by this Court t 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 isclosure statement has been found to connect the petitioner with either than disclosure statement has been found to connect the petitioner with either isclosure statement has been found to connect the petitioner with either isclosure 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. 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 , 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: : (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 "155. We answer the reference by stating 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 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 ns of section 25 of the Evidence Act, and barred under the provisions of section 25 of the Evidence Act, and ns of section 25 of the Evidence Act, and barred under the provisio 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 GURPREET 2025.11.29 10:09 I attest to the accuracy and authenticity of this document. CRM-M-58086 58086-2025 - -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 Gujrat, Narcotics Control Bureau’ 2024 INSC 290’, Gujrat, Narcotics has reiterated the ratio Control Bureau’ 2024 INSC 290’, has reiterated the ratio 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 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 Tofan 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 ourt. The allegations in the FIR are that 1.7 was rejected by the High Court. The allegations in the FIR are that 1.7 ourt. The allegations in the FIR are that 1.7 was rejected by the High C 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 itioner. The prosecution urges that another case with allegations of petitioner. The prosecution urges that another case with allegations of itioner. The prosecution urges that another case with allegations of itioner. 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 tioner is directed to bail. Having regard to these circumstances, the petitioner is directed to bail. Having regard to these circumstances, the peti bail. Having regard to these circumstances, the peti 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. In the present case also, the petitioner is sought to be In the present case also, t arrayed he petitioner is sought to be arrayed 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 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 comprehensive scrutiny during the course of the accused will be subject to comprehensive scrutiny during the course of the subject to comprehensive scrutiny during the course of the GURPREET 2025.11.29 10:09 I attest to the accuracy and authenticity of this document. CRM-M-58086 58086-2025 - -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. 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 15 is made absolute. The petitioner 15.10.2025 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. 17.11.2025 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 2025.11.29 10:09 I attest to the accuracy and authenticity of this document.