17.11.2025 GURPREET SINGH @ GURU GURPREET SINGH @ GURU v. HARYANA STATE OF HARYANA
Case Details
CRM-M-59557 59557-2025 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- 225 CRM-M-59557-2025 CRM Date of decision: 17.11.2025 Date of decision: 17.11.2025 GURPREET SINGH @ GURU GURPREET SINGH @ GURU Versus HARYANA STATE OF HARYANA ….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. S. K. Mr. S. K. Sirsa, Advocate for the petitioner. for the petitioner.
Legal Reasoning
Ms. Shaveta Sanghi, DAG, Haryana. Ms. Shaveta Sanghi, DAG, Haryana Ms. Shaveta Sanghi, DAG, Haryana ***** 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.202 dated 26.08.2025 registered under seeks anticipatory bail in case FIR No.202 dated 26.08.2025 registered under FIR No.202 dated 26.08.2025 registered under seeks anticipatory bail in and Psychotropic Substances Act, Section 21(B)/61/85 of the Narcotic Drugs and Psychotropic Substances Act, and Psychotropic Substances Act, Section 21(B)/61/85 of the Narcotic Drugs 1985, at Police Station Kalanwali, District Sirsa. 1985, at Police Station Kalanwali, District Sirsa 1985, at Police Station Kalanwali, District Sirsa 2. On 30.10.2025, 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 “ tioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the peti BNSS, 2023 is for grant of anticipatory bail to the peti case FIR No.202 dated 26.08.2025 registered under Section case FIR No.202 dated 26.08.2025 registered under Section case FIR No.202 dated 26.08.2025 registered under Section case FIR No.202 dated 26.08.2025 registered under Section 21(B)/61/85 of the Narcotic Drugs and Psychotropic Substances 21(B)/61/85 of the Narcotic Drugs and Psychotropic Substances 21(B)/61/85 of the Narcotic Drugs and Psychotropic Substances 21(B)/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Kalanwali, District Sirsa. Act, 1985, at Police Station Kalanwali, District Sirsa. Act, 1985, at Police Station Kalanwali, District Sirsa. 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 ntosh along with other police officials had set 26.08.2025, ASI Santosh along with other police officials had set ntosh along with other police officials had set 26.08.2025, ASI Sa up a Naka and on suspicion, apprehended one person, namely, up a Naka and on suspicion, apprehended one person, namely, up a Naka and on suspicion, apprehended one person, namely, up a Naka and on suspicion, apprehended one person, namely, Harshdeep Singh @ Arshu, who was found in conscious Harshdeep Singh @ Arshu, who was found in conscious Harshdeep Singh @ Arshu, who was found in conscious Harshdeep Singh @ Arshu, who was found in conscious GURPREET 2025.12.02 15:34 I attest to the accuracy and authenticity of this document. CRM-M-59557 59557-2025 - -2- possession of 9.87 grams of heroin. Initially, the FIR in question possession of 9.87 grams of heroin. Initially, the FIR in question possession of 9.87 grams of heroin. Initially, the FIR in question possession of 9.87 grams of heroin. Initially, the FIR in question was registered against the said co was registered against accused Harshdeep Singh @ the said co-accused Harshdeep Singh @ Arshu and the petitioner. Arshu and the petitioner. 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 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 has any concern with the said incident. It has also been spot, nor has any concern with the said incident. It has also been has any concern with the said incident. It has also been spot, nor contended that the petitioner has been nominated as an accused contended that the petitioner has been nominated as an accused contended that the petitioner has been nominated as an accused contended that the petitioner has been nominated as an accused only on the basis of the disclosure statement made by coaccused only on the basis of the disclosure statement made by coaccused only on the basis of the disclosure statement made by coaccused only on the basis of the disclosure statement made by coaccused Harshdeep Singh @ Arshu. Apart from the disclosure statement, Harshdeep Singh @ Arshu. Apart from the disclosure statement, Harshdeep Singh @ Arshu. Apart from the disclosure statement, Harshdeep Singh @ Arshu. Apart from the disclosure statement, o other evidence to connect the petitioner with the there is no other evidence to connect the petitioner with the o other evidence to connect the petitioner with the there is n offence in question and it is a trite law that disclosure statement offence in question and it is a trite law that disclosure statement offence in question and it is a trite law that disclosure statement offence in question and it is a trite law that disclosure statement accused during his custodial interrogation is not of the co-accused during his custodial interrogation is not accused during his custodial interrogation is not of the co admissible. No recovery is to be effected from the petitioner. admissible. No recovery is to be effected from the petitioner. admissible. No recovery is to be effected from the petitioner. admissible. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the Learned couns petitioner is el has further submitted that the petitioner is ready and willing to join the investigation as and when called ready and willing to join the investigation as and when called ready and willing to join the investigation as and when called ready and willing to join the investigation as and when called upon to do so by the investigating agency. upon to do so by the investigating agency. upon to do so by the investigating agency. Notice of motion. On asking of the Court, Mr. Neeraj Sheoran, Sr. DAG, On asking of the Court, Mr. Neeraj Sheoran, Sr. DAG, On asking of the Court, Mr. Neeraj Sheoran, Sr. DAG, Haryana, accepts notice on behalf of respondent Haryana, accepts notice on beh State and seeks alf of respondent-State and seeks 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 17.11.2025. 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 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 cer and cooperate with when required by the Investigating Officer and cooperate with when required by the Investigating Offi when required by the Investigating Offi 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 satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner visaged under Section shall also abide by the conditions as envisaged under Section shall also abide by the conditions as en shall also abide by the conditions as en 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 30.10.2025 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 connect the investigation. He has further argued that there is no connect GURPREET 2025.12.02 15:34 I attest to the accuracy and authenticity of this document. CRM-M-59557 59557-2025 - -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 disclosure statement of the co-accused. 4. Learned counsel for the State, (on instructions from Learned counsel for the State, , on instructions from HC Satpal), in terms of has submitted that the petitioner has joined the investigation in terms of has submitted that the petitioner has joined the investigation has submitted that the petitioner has joined the investigation and is no longer interim order/protection earlier afforded to the petitioner and is no longer interim order/protection earlier afforded to the petitioner 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 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 is under the NDPS Act of 1985, the petitioner ought since the FIR in question 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. 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 und during investigation to connect the petitioner with the recovered found during investigation to connect the petitioner with the recovered und during investigation to connect the petitioner with the recovered und 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 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 co 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 State of Tamil Nadu, AIR 2020 Supreme Court 5592’ State of Tamil , relevant whereof Nadu, AIR 2020 Supreme Court 5592’, relevant whereof 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 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 officers within the meaning of section 25 of the 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 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 rded under section 67 of the NDPS NDPS Act (ii) That a statement recorded under section 67 of the NDPS rded under section 67 of the NDPS NDPS Act (ii) That a statement reco 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". GURPREET 2025.12.02 15:34 I attest to the accuracy and authenticity of this document. CRM-M-59557 59557-2025 - -4- 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 Bapu Vs. State of ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu Vs. State of ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo 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 protection granted by this Court. investigation in terms of interim order/protection granted by this Court. investigation in terms of interim GURPREET 2025.12.02 15:34 I attest to the accuracy and authenticity of this document. CRM-M-59557 59557-2025 - -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 30 is made absolute. The petitioner 30.10.2025 passed by this Court is made absolute. The petitioner is made absolute. The petitioner gating 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 2025.12.02 15:34 I attest to the accuracy and authenticity of this document.