PUNJAB STATE OF PUNJAB v. …
Case Details
CRM-M-69335 69335-2025 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- 223 RANA CRM CRM-M-69335-2025 Date of decision: 23.12.2025 Date of decision: PUNJAB STATE OF PUNJAB Versus ….Petitioner ….Petitioner ....Respondent ....Respondent CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- M
Legal Reasoning
Ms. Pooja Rana, Advocate for Mr. Ritesh Pandey, Advocate Mr. Ritesh Pandey, Advocate for the petitioner. for the petitioner. Mr. Amrit Pal Singh Gill, DAG, Punjab. Mr. Amrit Pal Singh Gill, DAG, Punjab Mr. Amrit Pal Singh Gill, DAG, Punjab RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL) ***** 1. Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner FIR No.109 dated 04.09.2025, registered under seeks anticipatory bail in case FIR No.109 dated 04.09.2025, registered under FIR No.109 dated 04.09.2025, registered under seeks anticipatory bail in case otropic Substances Act, 1985 Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 Section 21 of the Narcotic Drugs and Psych Section 21 of the Narcotic Drugs and Psych (Section 29 of the NDPS Act added lateron), at Police Station Taragarh, (Section 29 of the NDPS Act added lateron), at Police Station Taragarh, (Section 29 of the NDPS Act added lateron), at Police Station Taragarh, (Section 29 of the NDPS Act added lateron), at Police Station Taragarh, District Pathankot. District Pathankot 2. On 09.12.2025, 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 “ rant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in rant of anticipatory bail to the petitioner in BNSS, 2023 is for g case FIR No.109 dated 04.09.2025, registered under Section 21 case FIR No.109 dated 04.09.2025, registered under Section 21 case FIR No.109 dated 04.09.2025, registered under Section 21 case FIR No.109 dated 04.09.2025, registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 of the Narcotic Drugs and Psychotropic Substances Act, 1985 of the Narcotic Drugs and Psychotropic Substances Act, 1985 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Section 29 of the NDPS Act added lateron), at Police Station (Section 29 of the NDPS Act added lateron), at Police Station (Section 29 of the NDPS Act added lateron), at Police Station (Section 29 of the NDPS Act added lateron), at Police Station Taragarh, District Pathankot. Taragarh, District Pathan GURPREET 2025.12.24 17:42 I attest to the accuracy and authenticity of this document. CRM-M-69335 69335-2025 - -2- 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 04.09.2025, ASI Balkar Singh along with other police officials 04.09.2025, ASI Balkar Singh along with other police officials 04.09.2025, ASI Balkar Singh along with other police officials 04.09.2025, ASI Balkar Singh along with other police officials was on patrolling duty and on suspicion, apprehended one was on patrolling duty and on suspicion, apprehended one was on patrolling duty and on suspicion, apprehended one was on patrolling duty and on suspicion, apprehended one Mukul Saini, who was found in conscious possession of 07 grams Mukul Saini, who was found in conscious possession of 07 grams Mukul Saini, who was found in conscious possession of 07 grams Mukul Saini, who was found in conscious possession of 07 grams Initially, the FIR in question was registered against of heroin. Initially, the FIR in question was registered against Initially, the FIR in question was registered against of heroin. the abovesaid co-accused. the abovesaid 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 the further contends that the petitioner was neither present at the further contends that the petitioner was neither present at further contends that the petitioner was neither present at spot, nor was named in the FIR and he has no concern with the spot, nor was named in the FIR and he has no concern with the spot, nor was named in the FIR and he has no concern with the spot, nor was named in the FIR and he has no concern with the said incident. It has also been contended that the petitioner has said incident. It has also been contended that the petitioner has said incident. It has also been contended that the petitioner has said incident. It has also been contended that the petitioner has been nominated as an accused only on the basis of the disclosure been nominated as an accused only on the basis of the disclosure been nominated as an accused only on the basis of the disclosure been nominated as an accused only on the basis of the disclosure accused Mukul Saini in which he has statement made by co-accused Mukul Saini in which he has accused Mukul Saini in which he has statement made by co ated that he had purchased the alleged contraband from the stated that he had purchased the alleged contraband from the ated that he had purchased the alleged contraband from the st petitioner. Apart from the disclosure statement, there is no other petitioner. Apart from the disclosure statement, there is no other petitioner. Apart from the disclosure statement, there is no other petitioner. Apart from the disclosure statement, there is no other evidence to connect the petitioner with the offence in question evidence to connect the petitioner with the offence in question evidence to connect the petitioner with the offence in question evidence to connect the petitioner with the offence in question accused and it is a trite law that disclosure statement of the co-accused and it is a trite law that disclosure statement of the co and it is a trite law that disclosure statement of the co custodial interrogation is not admissible. No recovery during his custodial interrogation is not admissible. No recovery custodial interrogation is not admissible. No recovery during his is to be effected from the petitioner. Learned counsel has further is to be effected from the petitioner. Learned counsel has further is to be effected from the petitioner. Learned counsel has further is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the submitted that the petitioner is ready and willing to join the submitted that the petitioner is ready and willing to join the submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigation as and when called upon to do so by the investigation as and when called upon to do so by the investigation as and when called upon to do so by the investigating agency. invest Notice of motion. 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 seeks Punjab, accepts notice on behalf of respondent-State and seeks Punjab, accepts notice on behalf of respondent Punjab, accepts notice on behalf of respondent time to file status report in the matter. time to file status report in the matter. time to file status report in the matter. Adjourned to 23.12.2025. ted to join In the meantime, the petitioner is directed to join In the meantime, the petitioner is direc 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 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 ds to the admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bon admitted to interim bail on furnishing of bail/surety bon satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner GURPREET 2025.12.24 17:42 I attest to the accuracy and authenticity of this document. CRM-M-69335 69335-2025 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- 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 09.12.2025 passed by this Court, the petitioner has joined .2025 passed by this Court, the petitioner has joined e has further argued that there is no connection between the investigation. She has further argued that there is no connection between e has further argued that there is no connection between the investigation. 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 sta 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, Ram (on instructions from ASI Ram in terms of , has submitted that the petitioner has joined the investigation in terms of , has submitted that the petitioner has joined the investigation Lal), 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 ed for further custodial interrogation. H 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. rned 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 lea On a specific query put by this Court to the lea 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 statement has been found to connect the petitioner with either than disclosure statement has been found to connect the petitioner with either statement has been found to connect the petitioner with either than disclosure 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. o a At this juncture, it would be apposite to refer herein to a At this juncture, it would be apposite to refer herein t At this juncture, it would be apposite to refer herein t ‘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 GURPREET 2025.12.24 17:42 I attest to the accuracy and authenticity of this document. 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 CRM-M-69335 69335-2025 - -4- 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 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 GURPREET 2025.12.24 17:42 I attest to the accuracy and authenticity of this document. CRM-M-69335 69335-2025 - -5- 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 accused will be subject to comprehensive scrutiny during the course of 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 accused will be 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 p 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 09 09.12.2025 passed by this Court is made absolute. The pe titioner 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 to be an opinion on the merits of the case. construed to be an opinion on the merits of the case. to be an opinion on the merits of the case. 23.12.2025 Gurpreet i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE GURPREET 2025.12.24 17:42 I attest to the accuracy and authenticity of this document.