211 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Dalbir Singh @ Bira ....Petitioner versus State of Punjab ....Respondent Date of Decision: March 18, 2026 Date of Uploading: March 18, 2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Manish Kansra, Advocate for the petitioner.

Mr. Jaypreet Singh, DAG Punjab.

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SUMEET GOEL, J. (ORAL)

Present petition has been filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of concession of anticipatory bail to the petitioner, in case FIR No.297 dated 23.12.2025, under Sections 21(b), 27-A, 29, 61, 85 of the NDPS Act, 1985, at Police Station B Division, District Amritsar.

2. On 18.02.2026, the following order was passed:

“

Learned counsel contends that the name of the petitioner surfaced based on the disclosure statement of the co-accused Baldev Singh @ Gora, from whom the alleged recovery of non-commercial quantity of contraband, it being 65 grams of heroin, has been effected. He relies on the judgment passed by Hon’ble the Supreme Court in the case of Toofan Singh Vs. State of Tamil Nadu, 2021 (1) RCR (Criminal) 1. The petitioner is not involved in any other case and he is ready and willing to join the investigation as and when required by the investigating agency and will cooperate.

Notice of motion.

At the asking of the Court, Ms. Gagandeep Kaur, DAG, Punjab accepts notice on behalf of respondent-State.

Meanwhile, the petitioner is directed to join the investigation on or before 26.02.2026. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of conditions as enshrined under Section 482(2) BNSS. However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated.

”

Adjourned to 18.03.2026.

3. Learned State counsel (on instructions) has submitted that pursuant to the order dated 18.02.2026, the petitioner has joined investigation, and his custodial interrogation is not required.

4. Keeping in view the factual milieu of the case in hand; especially the factum of the petitioner having joined investigation, he is not being sought for custodial interrogation, and he being arrayed as an accused on the basis of disclosure statement; this Court is inclined to confirm the order dated 18.02.2026, in light of the dicta of judgment passed by this Court in CRM-M-54032-2024 ‘Ashu Vs. State of Punjab’ and the judgment passed by the Hon’ble Supreme Court in ‘Jugraj Singh Vs. State of Haryana bearing Special Leave to Appeal (Crl.) No.9190/2025.

5. Accordingly, the petition is allowed, and the order dated 18.02.2026 granting interim anticipatory bail to the petitioner is hereby made absolute, subject to the conditions as enumerated under Section 482(2)

of BNSS.

6. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence.

7. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS or upon showing any other sufficient cause.

8. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case.

9. Pending application(s), if any, shall also stand disposed of.

(SUMEET GOEL)

JUDGE March 18, 2026 mahavir