IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 08.10.2025 Bhajan Ram ….Petitioner versus State of Punjab ….Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present:- Mr. P.S. Sekhon, Advocate for the petitioner.

Mr. Gurpartap S. Bhullar, AAG, Punjab.

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SUMEET GOEL, J. (ORAL)

1. Present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No.162 dated 26.10.2023 registered for the offences punishable under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), at Police Station City-I, District Malerkotla.

2. The gravamen of the FIR in question is that the petitioner is an accused of being involved in FIR pertaining to NDPS Act involving 160 Kgs of poppy husk, allegedly recovered from the petitioner and his co-accused.

3. Learned counsel for the petitioner has iterated that the petitioner was initially arrested on 26.10.2023 wherein concession of interim regular bail was extended to the him vide order dated 07.07.2025. While placing reliance upon the order dated 07.07.2025, learned counsel for the petitioner has drawn the attention of this Court to the status report filed by the Senior Superintendent of Police, Malerkotla, relevant whereof reads thus:

“3 That in compliance to the order of this Hon'ble Court and order passed in CRM-M 40670 of 2024 filed by Jaspreet Singh @ Jassi (Co-Accused), it is stated as follows:-

i. That on the date of conducting the raid and arrest of the accused i.e. 26-10-2023 in the present case the investigating officer was the SI Inderjit Singh No. 2068/PTL, supervisory officer was Sh. Kuldeep Singh, PPS, DSP, Sub division Malerkotla and Sh. Gursharandeep Singh Grewal was the SSP of District Malerkotla.

ii. That it is the responsibility of investigating officer inderjit Singh No. 2068/PTL to conduct the investigation in proper manner and comply with all the procedural formalities of NDPS Act. In the present case Investigating Officer Inderjit Singh in the Ruqa, FIR, Report under section 57 of NDPS Act negligently mentioned section 43 instead of proceedings under section 42 NDPS Act, therefore he is highly negligent in discharging his duties. So, the office of Senior superintendent of Police, Malerkotla vide its office order No. 2667- 751 dated 01-08-2025 directed the present inquiry officer Sh. Gursharanjeet Singh, PPS, Superintendent of Police (Headquarters), Malerkotla to initiate the departmental proceedings against SI Inderjit Singh No. 2068/PTL and vide its order also directed to proceed the inquiry day by day and conclude the same within one month and send back report to the office of undersigned.

iii. That Sh. Kuldeep Singh PPS, DSP, Sub Division Malerkotla was also negligent in discharging his duty. The wrong report under section 43 of NDPS Act was also signed by Sh. Kuldeep Singh PPS, DSP, Sub Division Malerkotla and also relevant documents produced by investigating officer Inderjit Singh i.e. Ruqa, FIR, report under section 57 NDPS Act was also signed by Sh. Kuldeep Singh PPS, DSP, Sub Division Malerkotla. Therefore, the office of Senior Superintendent of police vide its officer order No. 2776 dated 01-08-2025 issued the show cause notice to the supervisory officer Sh. Kuldeep Singh, PPS, DSP, Malerkotla regarding the dereliction of duty while signing the report under section 43 NDPS, Act and signing report under section 57 NDPS, Act and also ignoring the other relevant documents.

iv. That no disciplinary action has been initiated against the then SSP in this regard, as the matter pertained to the supervisory monitoring of investigation. However, it is submitted that the concerned SSP had been issued necessary administrative instructions/directions to ensure strict compliance with the mandate of law and proper supervision of investigations in the district. The present incumbent SSP has also taken note of the observations of this Hon'ble Court, and effective steps h