IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on :03.07.2025 SARABJEET SINGH ……Petitioner(s)

Versus STATE OF PUNJAB ……Respondent(s)

CORAM : HON'BLE MR.JUSTICE SUMEET GOEL Present:- Mr. Gaurav Goyal, Advocate for the petitioner.

Mr. Jaypreet Singh, DAG, Punjab.

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SUMEET GOEL, JUDGE

1. Present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the petitioner in FIR No.16 dated 03.03.2025 under Sections 21, 25 and 29 of the NDPS Act, 1985 registered at Police Station Maur, District Bathinda.

2. The case set up in the FIR in question (as set out int eh present petition by the petitioner) is as follows:

“SHO P.S. P.S. Maur, Fateh, today I ASI alongwith ASI Gurcharan Singh 1231/Bathinda, Ct. Harinder Singh 1830, RCT Pardeep Singh 290 alongwith laptop and printer were going towards Kotli Khurd for checking of suspicious persons on Govt.vehicle PB-65- BG-8374 whose driver is CT Harjinder Singh and after 2 kms one Bullet motorcycle no. PB-65-AR-6628 tried to turn back after seeing the police party who were apprehended by the police party and the driver disclosed his name as Gurtej Singh @ Teji s/o Ajaib Singh and the another person disclosed his name as Harpreet Singh @ Gagra s/o Baldev Singh. Then I ASI introduced myself to the said persons and told them that I have suspicion of some intoxicant substance with them and thus their search is to be conducted and they were made aware of their legal right and separate notices u/s 50 of NDPS Act were issued to them. After getting consent from them and after preparing consent memos search was conducted and on search 25 grams of Heroin was recovered from the pocket of Lower of Gurtej Singh and nothing was recovered from Harpreet Singh. Memos were prepared and case property and motorcycle was taken into police possession. Accused by keeping Heroin in their possession has committed an offence of 21, 25 of NDPS Act and thus ruga against Gurtej Singh and Harpreet Singh is sent to police station. After registration of FIR its number may be given. Special reports may be issued. I alongwith my police party at spot, Kotli Khurd At:03:15 PM SD/- Jasvir Singh ASI, PS Maur, Bathinda dated

03.03.2025.”

3. On 29.05.2025, the following order was passed:

“ASI Mandar Singh, Investigating Officer of the case is present.

2. Reply not filed. Be filed on the next date of hearing.

3. Heard. Record perused.

4. A perusal of record would reveal that there is nothing substantive on record as of now against the petitioner except for disclosure statement made by the co-accused, namely Gurtej Singh @ Teji and Harpreet Singh from whom recovery of 25 grams of heroin had been allegedly effected.

5. Be it the case, without commenting on the merits, the petitioner is directed to join the investigation within seven days from today and in the event of his arrest, he is ordered to be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 482(2) of BNSS, 2023.

6. List on 03.07.2025.

7. Investigating Officer of the case to remain present in Court along with record on that date.”

4. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further argued that there is no link or connection between the petitioner and the co- accused (from whom the contraband is alleged to have been recovered) and the petitioner is sought to be implicated only on the basis of disclosure statement of the co-accused from whom the contraband is alleged to have been recovered. Learned counsel has further submitted that petitioner has joined the investigation and has cooperated therein. On the strength of these arguments, learned counsel has sought for grant of anticipatory bail to the petitioner.

5. Learned State counsel (on instructions from ASI Mander) has submi