IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURPREET SINGH @ GORA – Appellant
Versus
STATE OF PUNJAB – Respondent
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on : 09.10.2025 Pronounced on : 13.10.2025 Gurpreet Singh @ Gora ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. B. S. Jaswal, Advocate For the petitioner.
Ms. Sakshi Bakshi, AAG, Punjab.
MANISHA BATRA, J.
1. Through the instant petition, filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNS’), the petitioner seeks grant of anticipatory bail in case arising out of FIR No. 87 dated 06.06.2025, registered under Section 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) Police Station Verowal, District Tarn Taran.
2. Brief facts of the case relevant for the purpose of disposal of the was apprehended by a police party and recovery of 09 kgs. 200 grams of poppy husk was effected from a plastic bag which he had thrown on seeing the police party. Upon interrogation, he disclosed that he used to buy contraband from the present petitioner. On the basis of the same, the petitioner has been nominated in this case as an accused. Apprehending his arrest, the petitioner had moved an application for grant of anticipatory bail before the Court of learned Additional Sessions Judge, Tarn Taran but the same had been dismissed, vide order dated 01.08.2025.
3. Learned counsel for the petitioner has argued that he has been falsely implicated in this case. He was neither named in the FIR nor was found at the spot. He has been nominated in this case on the basis of the disclosure statement suffered by the aforesaid co-accused, which is not admissible in evidence. He has clean antecedents and is not involved in any other case. Even otherwise, the quantity of the contraband allegedly recovered from the co-accused does not fall under commercial quantity. Co-accused Jashanpreet Singh has been granted concession of regular bail. The petitioner is ready to join the investigation. No recovery is to be effected from him. No useful purpose would be served by detaining him into custody. It is, therefore, urged that the petition deserves to be allowed.
4. Status report has been filed by the respondent-State. Learned Assistant Advocate General, Punjab has argued that keeping in view the gravity of the allegations levelled against the petitioner, he is not entitled to get benefit of bail. His custodial interrogation is required for proper investigation in the matter. Hence, it is urged that the petition is liable to be dismissed.
5. I have learned counsel for the parties at considerable length and have also perused the material placed on record.
6. The petitioner has been nominated in this case on the basis of the apprehended by the police party on 06.06.2025 and from whom, recovery of 09 kgs. 200 grams of poppy husk was recovered. The allegations against the petitioner are that he used to supply the contraband to the co-accused. The said quantity of the contraband does not fall under commercial quantity. The petitioner is not even shown to be involved in any other case. He has clean criminal antecedents. It is a question of debate as to whether the petitioner was involved in commission of crime or not? In view thereof, I am of the considered opinion that the custodial interrogation of the petitioner is not required. Accordingly, the present petition is allowed. The petitioner is granted concession of anticipatory bail, subject to the compliance of conditions envisaged under Section 482(2) of BNSS. He is directed to appear before the Investigating/Arresting Officer to join investigation within a period of ten days from today or as and when subsequently required thereafter. In the event of his arrest, the Investigating/Arresting Officer shall release the petitioner on bail subject to his/her satisfaction.
7. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merit
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