1 ROHIT KUMAR ROHIT KUMAR STATE OF PUNJAB STATE OF PUNJAB v. …
Case Details
CRM-M-58662 58662-2025 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- 217 CRM CRM-M-58662-2025 Date of decision: 18.11.2025 Date of decision: 1 ROHIT KUMAR ROHIT KUMAR STATE OF 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 Present:- Mr. , Advocate, Mr. Karandeep Singh Sidhu, Advocate, for the petitioner. for the petitioner. Mr. Amit Shukla, DAG, Punjab. Mr. Amit Shukla, DAG, Punjab. ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Bharatiya Through the instant petition filed under Section 482 of the Bharatiya Through the instant petition filed under Section 482 of the Bharatiya Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks
Legal Reasoning
FIR No.167, dated 02.09.2025, registered under Section anticipatory bail in case FIR No.167, dated 02.09.2025, registered under Section FIR No.167, dated 02.09.2025, registered under Section anticipatory bail in case sychotropic Substances Act, 1985 (for short 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short sychotropic Substances Act, 1985 (for short 21(B) of the Narcotic Drugs and P ‘NDPS Act’) (Offence under Section 29 of the NDPS Act added lateron), at Police ‘NDPS Act’) (Offence under Section 29 of the NDPS Act added lateron), at Police ‘NDPS Act’) (Offence under Section 29 of the NDPS Act added lateron), at Police ‘NDPS Act’) (Offence under Section 29 of the NDPS Act added lateron), at Police
Legal Reasoning
Station City Sri Muktsar Sahib, District Sri Muktsar Sahib. Station City Sri Muktsar Sahib, District Sri Muktsar Sahib Station City Sri Muktsar Sahib, District Sri Muktsar Sahib 2. On 17.10.2025, the following order On 1 following order was passed: - present petition filed under Section 482 of the BNSS, “Prayer in the present petition filed under Section 482 of the BNSS, present petition filed under Section 482 of the BNSS, “ 2023 is for grant of anticipatory bail to the petitioner in case FIR 2023 is for grant of anticipatory bail to the petitioner in case FIR 2023 is for grant of anticipatory bail to the petitioner in case FIR 2023 is for grant of anticipatory bail to the petitioner in case FIR No.167, dated 02.09.2025, registered under Section 21(B) of the No.167, dated 02.09.2025, registered under Section 21(B) of the No.167, dated 02.09.2025, registered under Section 21(B) of the No.167, dated 02.09.2025, registered under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short Narcotic Drugs and Psychotropic Substances Act, 1985 (for short Narcotic Drugs and Psychotropic Substances Act, 1985 (for short Narcotic Drugs and Psychotropic Substances Act, 1985 (for short Act’) (Offence under Section 29 of the NDPS Act added ‘NDPS Act’) (Offence under Section 29 of the NDPS Act added Act’) (Offence under Section 29 of the NDPS Act added ‘NDPS lateron), at Police Station City Sri Muktsar Sahib, District Sri lateron), at Police Station City Sri Muktsar Sahib, District Sri lateron), at Police Station City Sri Muktsar Sahib, District Sri lateron), at Police Station City Sri Muktsar Sahib, District Sri Muktsar Sahib. Muktsar Sahib. Brief facts as per the prosecution case are that on 02.09.2025, Brief facts as per the prosecution case are that on 02.09.2025, Brief facts as per the prosecution case are that on 02.09.2025, ASI Balwinder Singh along with other police officials was on ASI Balwinder Singh along with other police officials was ASI Balwinder Singh along with other police officials was GURPREET 2025.11.29 10:09 I attest to the accuracy and authenticity of this document. CRM-M-58662 58662-2025 - -2- patrolling duty and on suspicion, apprehended one person Suraj who patrolling duty and on suspicion, apprehended one person Suraj who patrolling duty and on suspicion, apprehended one person Suraj who patrolling duty and on suspicion, apprehended one person Suraj who was found in conscious possession of 35 grams heroin. Initially, the was found in conscious possession of 35 grams heroin. Initially, the was found in conscious possession of 35 grams heroin. Initially, the was found in conscious possession of 35 grams heroin. Initially, the FIR in question was registered against the said co-accused. FIR in question was registered against the said co FIR in question was registered against the said co the petitioner Learned counsel for the petitioner contends that the petitioner Learned counsel for the petitioner contends that has been falsely implicated in the present case. He further contends has been falsely implicated in the present case. He further contends has been falsely implicated in the present case. He further contends has been falsely implicated in the present case. He further contends that the petitioner was neither present at the spot, nor was named in that the petitioner was neither present at the spot, nor was named in that the petitioner was neither present at the spot, nor was named in that the petitioner was neither present at the spot, nor was named in the FIR and he has no concern with the said incident. It has also been the FIR and he has no concern with the said incident. It has also been the FIR and he has no concern with the said incident. It has also been the FIR and he has no concern with the said incident. It has also been as been nominated as an accused only contended that the petitioner has been nominated as an accused only as been nominated as an accused only contended that the petitioner h accused Suraj. on the basis of the disclosure statement made by co-accused Suraj. on the basis of the disclosure statement made by co on the basis of the disclosure statement made by co Apart from the disclosure statement, there is no other evidence to Apart from the disclosure statement, there is no other evidence to Apart from the disclosure statement, there is no other evidence to Apart from the disclosure statement, there is no other evidence to connect the petitioner with the offence in question and it is a trite law connect the petitioner with the offence in question and it is a trite law connect the petitioner with the offence in question and it is a trite law connect the petitioner with the offence in question and it is a trite law that disclosure statement of the co that disclo accused during his custodial sure statement of the co-accused during his custodial interrogation is not admissible. No recovery is to be effected from the interrogation is not admissible. No recovery is to be effected from the interrogation is not admissible. No recovery is to be effected from the interrogation is not admissible. No recovery is to be effected from the accused Suraj has already been granted petitioner. Further, co-accused Suraj has already been granted accused Suraj has already been granted petitioner. Further, co interim bail by the trial Court vide order dated 04.10.2025 (Annexu interim bail by the trial Court re vide order dated 04.10.2025 (Annexure 3). Learned counsel has further submitted that the petitioner is P-3). Learned counsel has further submitted that the petitioner is 3). Learned counsel has further submitted that the petitioner is P ready and willing to join the investigation as and when called upon to ready and willing to join the investigation as and when called upon to ready and willing to join the investigation as and when called upon to ready and willing to join the investigation as and when called upon to do so by the investigating agency. do so by the investigating agency. Notice of motion. On asking of the Court, Mr. Ravinder Singh, DAG, Punjab, On asking of the Court, Mr. Ravinder Singh, DAG, Punjab, On asking of the Court, Mr. Ravinder Singh, DAG, Punjab, accepts notice on behalf of respondent acce State and seeks time to file pts notice on behalf of respondent-State and seeks time to file status report in the matter. status report in the matter. Adjourned to 18.11.2025. In the meantime, the petitioner is directed to join investigation In the meantime, the petitioner is directed to join investigation In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by within a week from today and would appear as and when required by within a week from today and would appear as and when required by within a week from today and would appear as and when required by Investigating Officer and cooperate with the Investigating Agency. the Investigating Officer and cooperate with the Investigating Agency. Investigating Officer and cooperate with the Investigating Agency. the In the event of arrest, he shall be admitted to interim bail on In the event of arrest, he shall be admitted to interim bail on In the event of arrest, he shall be admitted to interim bail on In the event of arrest, he shall be admitted to interim bail on furnishing furnishing furnishing furnishing of of of of bail/surety bail/surety bail/surety bail/surety bonds bonds bonds bonds to to to to the the the the satisfaction satisfaction satisfaction satisfaction of of of of e Arresting/Investigating Officer. The petitioner shall also abide by the Arresting/Investigating Officer. The petitioner shall also abide by th Arresting/Investigating Officer. The petitioner shall also abide by th conditions as envisaged under Section 482(2) of BNSS, 2023.” conditions as envisaged under Section 482(2) of BNSS, 2023. conditions as envisaged under Section 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 17.10.2025 passed by this Court, the petitioner has joined .2025 passed by this Court, the petitioner has joined here is no connection between the investigation. He has further argued that there is no connection between the investigation. He has further argued that t the investigation. He has further argued that t 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. GURPREET 2025.11.29 10:09 I attest to the accuracy and authenticity of this document. CRM-M-58662 58662-2025 - -3- 4. on instructions from ASI Learned counsel for the State, (on instructions from ASI Learned counsel for the State, Learned counsel for the State, Balwinder Singh) , has submitted Singh), has submitted , has submitted that that that the petitioner has the petitioner has the petitioner has joined joined joined the the the in terms of interim order/protection earlier afforded to the investigation in terms of interim order/protection earlier afforded to the in terms of interim order/protection earlier afforded to the investigation . He has and is no longer required for further custodial interrogation. He has and is no longer required for further petitioner and is no longer required for further submitted that since the FIR in question is under the NDPS Act of however submitted that since the FIR in question is under the NDPS Act of submitted that since the FIR in question is under the NDPS Act of submitted that since the FIR in question is under the NDPS Act of 1985, the petitioner ought not to be extended the concession of anticipatory 1985, the petitioner ought not to be extended the concession of anticipatory 1985, the petitioner ought not to be extended the concession of anticipatory 1985, the petitioner 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 osure statement, any material has been as to whether, apart from the disclosure statement, any material has been osure statement, any material has been as to whether, apart from the discl 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 th either than disclosure statement has been found to connect the petitioner with either than disclosure statement has been found to connect the petitioner wi than disclosure statement has been found to connect the petitioner wi 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 title judgment passed by the Hon'ble Supreme Court title , 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 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 hin the meaning of section 25 of the Evidence Act, as a officers within the meaning of section 25 of the Evidence Act, as a hin the meaning of section 25 of the Evidence Act, as a officers wit 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 e 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 th cannot be taken into account in order to convict an accused under th 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. 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 bdul Hamid Chandmiya @ Ladoo Bapu Vs. State of ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu Vs. State of ‘Smt. Najmunisha, A GURPREET 2025.11.29 10:09 I attest to the accuracy and authenticity of this document. CRM-M-58662 58662-2025 - -4- 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’, 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 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 investigation in terms of interim order/protectio investigation in terms of interim protection granted by this Court. GURPREET 2025.11.29 10:09 I attest to the accuracy and authenticity of this document. CRM-M-58662 58662-2025 - -5- 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 17 is made absolute. The petitioner 17.10.2025 passed by this Court is made absolute. The petitioner 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 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. 18.11.2025 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No GURPREET 2025.11.29 10:09 I attest to the accuracy and authenticity of this document.