IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 10.11.2025 Jagbir Singh ....Petitioner V/s State of Punjab ....Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Pawandeep Singh, Advocate for the petitioner.

Mr. Amit Goyal, Additional Advocate General, Punjab.

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SUMEET GOEL, J. (Oral)

1. Present petition has been filed on behalf of the petitioner seeking grant of anticipatory/pre-arrest bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘BNSS’) in FIR No.121 dated 02.06.2025 registered for offences punishable under Sections 21(c), 25 and 29 of the NDPS Act and Section 25 of The Arms Act at Police Station Lopoke District Amritsar Rural, Punjab.

2. The gravamen of the FIR in question reflects that ASI Sukhwinderjit Singh, alongwith a police team was on patrol duty near T- Point Dalle Ke Sahura Road, Police Station Lopoke, District Amritsar (Rural), in official vehicle. During patrolling, a secret informer informed that three persons namely Jodhbir Singh @ Kohli, Buta Singh @ Vishal and Karanbir Singh @ Karan were engaged in the illegal trade of Diacetylmorphone (Heroin) and illegal ammunition and were coming on a Swaraj Tractor (Blue) bearing No.PB-30AB-4646 with a trolley from village Dalle via kacha Path to deliver the contraband. The police team immediately conducted a raid and apprehended the three suspects on the said route. After informing them of their legal rights under Section 50 of NDPS Act and upon their request, Sh. Inderjit Singh, DSP, Sub-Division Raja Sansi (Gazetted Officer) was called to the spot. In the presence of the said Gazetted officer, from the black bag of accused Jodhbir Singh, 1.5 kgs of Heroin was recovered, from accused Buta Singh, 540 grams of Heroin in a polythene bag was recovered and from accused Karanbir Singh, one pistol (Made in Austria) was recovered from his undergarment. All the recoveries were sealed with seals “SS” and “IS”. The accused persons were arrested and the case property including the tractor and trolley was taken into police possession. Accordingly, the instant FIR was registered and investigation ensued. Subsequently, during the course of investigation, the name of the petitioner surfaced on the basis of disclosure statement of co-accused Jodhbir Singh alias Kohli (brother of the petitioner).

3. Learned counsel for the petitioner has iterated that the petitioner has been falsely implicated into the FIR in question although his name does not figure in the FIR. Learned counsel has further iterated that the FIR was registered solely on the basis of secret information received by the Police during patrolling naming three persons who were allegedly apprehended on the spot with recovery of Heroin and a pistol. Learned counsel has further iterated that the petitioner has been arrayed as an accused in the present case solely on the basis of the disclosure statement made by his brother (co-accused) Jodhbir Singh @ Kohli while in custody, which is inadmissible in evidence. Learned counsel has further iterated that no recovery, either of any narcotic substance or other incriminating material, has been effected from the petitioner. Furthermore, petitioner is a person of clean antecedents who ordinarily resides and works as a Carpenter in the United Arab Emirates and has no connection with the alleged offence. It has been further submitted that there is no independent corroborative evidence linking the petitioner to the alleged offence and his name does not find mention in the FIR. The only basis for implicating the petitioner is the unsubstantiated disclosure statement of the co-accused. Learned counsel has further submitted that nothing has been recovered from the possession of the petitioner and, thus, his custodial interrogation is neither warranted nor justified. Learned counsel further submitted that the petitioner is ready to join the investigation and hence no useful purpose would be served by sending