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

Versus STATE OF PUNJAB ……Respondent(s)

CORAM : HON'BLE MR.JUSTICE SUMEET GOEL Present:- Ms. Manjot Kaur, Advocate for Mr. S.S. Gill, Advocate for the petitioners.

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.19 dated 11.03.2025 registered for offences punishable under Sections 22, 25 of NDPS Act and Section 223 of BNS, 2023 (Section 29 of NDPS Act added later on) at Police Station Rureke Kalan, District Barnala.

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

“Officer-in-charge, Police Station Rureke Kalan, Fateh! Today, I, ASI along with ASI Darshan Singh 658/Barnala, HC Gursewak Singh 28/Barnala, Senior Constable Jatinder Singh 129/Barnala, C. Kamalpreet Singh 442/Barnala and LC Manpreet Kaur 95/Barnala were riding Govt. vehicle bearing registration No.PB-65-BH-0800 make Scorpio with laptop, printer and investigation kit were present at T-Point, Tajoke Road, in the area of village Pakho Kalan in connection with patrolling and in search of suspicious persons. At about 11.30 AM, the secret informant came to me ASI and separately informed me that Lovepreet Singh @ Labbu son of Bhola Singh, resident of Sagar Patti, Pakho Kalan, aged about 21 years, he is habitual of keeping intoxicant tablets and capsules in his house and selling the same. The cases of selling of intoxicating substance are already registered against him. Today also he is waiting for a chance to sell the intoxicant tablets and capsules kept in his house. If, right now a raid is conducted at his house then huge quantity of intoxicant tablets and capsules can be recovered. The information is reliable and trustworthy. Above mentioned Lovepreet Singh @Labbu has committed an offence under Section 22/25 NDPS Act and 223 of BNS by keeping intoxicant tablets and capsules in his house as also selling the same. Therefore, ruqa is written under said section and is being sent to the police station by hand through L/C Manpreet Kaur 95/Barnala for registration of case against above mentioned accused Lovepreet Singh @ Labbu. After registration of case I may be intimated case number. Control Room, Barnala be informed. Special reports be issued. Report under section 42(2) is being prepared separately and sent. I, ASI along with companions left for spot for conducting raid. In the area of: T-Point, Tajoke Road, Pakho Kalan at 12.00 PM. Sd/ Jagtar Singh, ASI, Police Station Rureke Kalan dated

11.3.2025...”

3. On 11.06.2025, the following order was passed:

“Apprehending her arrest in FIR No.19 dated 11.03.2025 registered for offences punishable under Sections 22, 25 of NDPS Act and Section 223 of BNS, 2023 (Section 29 of NDPS Act added later on) at Police Station Rureke Kalan, District Barnala; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-

arrest bail.

Counsel for the petitioner, inter alia, contends that the petitioner is sought to be implicated into the FIR in question solely on the basis of a disclosure statement made by co-accused from whom the contraband in question has been allegedly recovered & the petitioner is willing to join investigation and cooperate therein. In order to buttress his arguments, learned counsel for the petitioner has relied upon the dicta of the judgments of the Hon’ble Supreme Court in ‘Vijay Singh versus The State of Haryana’ bearing Special Leave to Appeal (Crl.)

No(s).1266/2023, ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 and ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics Control Bureau’ 2024 INSC

290.

Notice of