DEEP SINGH ALIAS BABBY DEEP SINGH ALIAS BABBY v. HARYANA STATE OF HARYANA
Case Details
CRM-M-63675 63675-2025 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- 313 CRM CRM-M-63675-2025 Date of decision: 01.12.2025 Date of decision: DEEP SINGH ALIAS BABBY DEEP SINGH ALIAS BABBY 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 Mr. Premjit Singh Hooda, Advocate, with Present:- Mr. Premjit Singh Hooda, Advocate, with Mr. Premjit Singh Hooda, Advocate, with Mr. Vikramjeet Singh, Advocate, and Mr. Vikramjeet Singh, Advocate, and Mr. Vikramjeet Singh, Advocate, and Mr. Jasjeet Singh Brar, Advocate for the petitioner. Mr. Jasjeet Singh Brar, Advocate for the petitioner. Mr. Jasjeet Singh Brar, Advocate for the petitioner. Ms. Shaveta Sanghi, DAG, Haryana. Ms. Shaveta Sanghi, DAG, Haryana Ms. Shaveta Sanghi, DAG, Haryana ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. 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
Legal Reasoning
FIR No.346 dated 27.10.2025, registered under seeks anticipatory bail in case FIR No.346 dated 27.10.2025, registered under FIR No.346 dated 27.10.2025, registered under seeks anticipatory bail in case Section 15-B of the Narcotic Drugs and Psychotropic Substances Act, 1985, B of the Narcotic Drugs and Psychotropic Substances Act, 1985, Drugs and Psychotropic Substances Act, 1985, at Police Station Sadar Dabwali, District Sirsa. at Police Station Sadar Dabwali, District Sirsa at Police Station Sadar Dabwali, District Sirsa 2. On 12.11.2025, 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 “ o the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail t BNSS, 2023 is for grant of anticipatory bail t - case FIR No.346 dated 27.10.2025, registered under Section 15 case FIR No.346 dated 27.10.2025, registered under Section 15- case FIR No.346 dated 27.10.2025, registered under Section 15 B of the Narcotic Drugs and Psychotropic Substances Act, 1985, B of the Narcotic Drugs and Psychotropic Substances Act, 1985, B of the Narcotic Drugs and Psychotropic Substances Act, 1985, B of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Sadar Dabwali, District Sirsa. at Police Station Sadar Dabwali, District Sirsa. at Police Station Sadar Dabwali, 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 27.10.2025, ASI Gursewak Singh along with other police 27.10.2025, ASI Gursewak Singh along with other police 27.10.2025, ASI Gursewak Singh along with other police 27.10.2025, ASI Gursewak Singh along with other police officials was on patrolling duty and on suspicion, apprehended officials was on patrolling duty and on suspicion, apprehended officials was on patrolling duty and on suspicion, apprehended GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document. CRM-M-63675 63675-2025 - -2- one person namely Tarsem Singh alias Ruldu Singh, who was one person namely Tarsem Singh alias Ruldu Singh, who was one person namely Tarsem Singh alias Ruldu Singh, who was one person namely Tarsem Singh alias Ruldu Singh, who was possession of 16 kg 70 grams of poppy husk. found in conscious possession of 16 kg 70 grams of poppy husk. possession of 16 kg 70 grams of poppy husk. found in conscious Hence the present FIR. Hence the present FIR 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 not present at the spot further contends that the petitioner was not present at the spot further contends that the petitioner was not present at the spot further contends that the petitioner was not present at the spot as no concern with the said incident. It has also been and he has no concern with the said incident. It has also been as no concern with the said incident. It has also been and he h 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 accused only on the basis of disclosure statement made by co-accused only on the basis of disclosure statement made by co only on the basis of disclosure statement made by co Tarsem Singh alias Ruldu Singh wherein he has stated that he Tarsem Singh alias Ruldu Singh wherein he has stated that he Tarsem Singh alias Ruldu Singh wherein he has stated that he Tarsem Singh alias Ruldu Singh wherein he has stated that he e recovered contraband from the petitioner. has purchased the recovered contraband from the petitioner. e recovered contraband from the petitioner. has purchased th 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 connect the petitioner with the offence in question and it is a trite connect the petitioner with the offence in question and it is a trite connect the petitioner with the offence in question and it is a trite accused during his custodial law that disclosure statement of co-accused during his custodial law that disclosure statement of co law that disclosure statement of co ion is not admissible. No recovery is to be effected interrogation is not admissible. No recovery is to be effected ion is not admissible. No recovery is to be effected interrogat petitioner. Learned counsel has further submitted that from the petitioner. Learned counsel has further submitted that petitioner. Learned counsel has further submitted that from the the petitioner is ready and willing to join the investigation as and the petitioner is ready and willing to join the investigation as and the petitioner is ready and willing to join the investigation as and the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. when called upon to do so by the investigating agency. when called upon to do so by the investigating agency. Notice of motion.
Legal Reasoning
On asking of the Court, Mr. Ravinder Singh, DAG, On asking of the Court, Mr. Ravinder Singh, DAG, On asking of the Court, Mr. Ravinder Singh, DAG, State and Punjab, accepts notice on behalf of the respondent-State and Punjab, accepts notice on behalf of the respondent Punjab, accepts notice on behalf of the respondent seeks time to file status report in the matter. seeks time to file status report in the matter. seeks time to file status report in the matter. Adjourned to 29.11.2025. 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 within a week from today and would appear as and investigation within a week from today and would appear as and within a week from today and would appear as and investigation 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 Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner Arresting/Investigating Officer. The petitioner satisfaction of 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-63675 63675-2025 - -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 12.11.2025 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. (on instructions from ASI Learned counsel for the State, (on instructions from ASI Learned counsel for the State, Learned counsel for the State, in , has submitted that the petitioner has joined the investigation in , has submitted that the petitioner has joined the investigation Sudarshan), has submitted that the petitioner has joined the investigation and is no terms of interim order/protection earlier afforded to the petitioner and is no terms of interim order/protection earlier afforded to the petitioner terms of interim order/protection earlier afforded to the petitioner longer required for further red for further custodial interrogation submitted custodial interrogation. She has however submitted that since the FIR in question is under the NDPS Act of 1985, the petitioner that since the FIR in question is under the NDPS Act of 1985, the petitioner that since the FIR in question is under the NDPS Act of 1985, the petitioner that since the FIR in question is under the NDPS Act of 1985, the petitioner ought not to be extended the concession of anticipatory bail. ought not to be extended the concession of anticipatory bail. ought not to be extended the concession of anticipatory bail. 5. earned 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 l On a specific query put by this Court to the l 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 re statement has been found to connect the petitioner with either than disclosure statement has been found to connect the petitioner with either re statement has been found to connect the petitioner with either re 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. to a At this juncture, it would be apposite to refer herein to a At this juncture, it would be apposite to refer herein At this juncture, it would be apposite to refer herein ‘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 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 them would be result of which any confessional statement made to them would be result of which any confessional statement made to result of which any confessional statement made to 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 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-63675 63675-2025 - -4- sional statement in the trial of an offence Act cannot be used as a confessional statement in the trial of an offence sional statement in the trial of an offence Act cannot be used as a confes 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 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 GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document. CRM-M-63675 63675-2025 - -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 12 is made absolute. The petitioner 12.11.2025 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.