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CRM-M-6975-2026 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

210

CRM-M-6975-2026 Date of decision: 02.04.2026

JAGTAR SINGH ….Petitioner

Versus

STATE OF PUNJAB ....Respondent

CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL

Present:- Mr. Prateek Pandit, Advocate for the petitioner.

Mr. Rahul Jindal, AAG, Punjab.

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RUPINDERJIT CHAHAL, J. (ORAL)

1. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in case FIR No. 80 dated 30.07.2025, registered under Section 15, 29 of NDPS Act and Section 238 of BNS (offence under Section 29 NDPS Act and Section 238 of BNS added later), at Police Station Mehna

District Moga.

2. On 13.02.2026, the following order was passed by the co-

ordinate bench of this Court: -

“This is the first petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of anticipatory bail to the petitioner in case FIR No. 80 dated 30.07.2025, registered under Section 15, 29 of NDPS Act and

GURPREET

2026.04.02 19:22 I attest to the accuracy and authenticity of this document.

CRM-M-6975-2026 2

Section 238 of BNS (offence under Section 29 NDPS Act and Section 238 of BNS added later), at Police Station Mehna

District Moga.

Learned counsel for the petitioner submits that the petitioner was not named in the FIR and has been falsely implicated in the present case solely on the basis of the disclosure statement of one Sarabjit Singh @ Sonu, who himself was nominated by the main accused. It is contended that, apart from the said disclosure statement of the co-accused, there is no independent or substantive evidence to connect the petitioner with the alleged recovery. Learned counsel further submits that the petitioner is ready and willing to join the investigation and to

cooperate with the investigating agency as and when required.

Learned State counsel has filed the short reply by way of affidavit of Jasvarinder Singh, PPS, Deputy Superintendent of Police, Dharamkot, District Moga, on behalf of the respondent- State and opposes the prayer for anticipatory bail on the ground that apart from the present FIR two more cases under the NDPS

Act has been registered against the petitioner.

Having heard learned counsel for the parties, this Court is of the prima facie view that the recovery in question has already been effected from co-accused, nothing remains to be recovered from the present petitioner and he has been implicated solely on the basis of the disclosure statement of one Sarabjit Singh @

Sonue, who himself was nominated by the main accused Consequently, it is directed that in the event of arrest, the

petitioner shall be released on interim anticipatory bail, subject to her joining the investigation as and when called by the Investigating Officer and subject to her furnishing adequate bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall comply with the conditions envisaged under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

List on 10.03.2026.”

GURPREET

2026.04.02 19:22 I attest to the accuracy and authenticity of this document.

CRM-M-6975-2026 3

3. Learned counsel for the petitioner submits that in compliance with the order dated 13.02.2026 passed by the co-ordinate bench of this Court, the petitioner has joined the investigation. He has further argued that there is no connection between the petitioner and the co-accused and that the petitioner is sought to be implicated only on the basis of the disclosure

statement of the co-accused.

4. Learned counsel for the State, (on instructions from SI Gursewak Singh), has submitted that the petitioner has joined the investigation in terms of interim order/protection earlier afforded to the petitioner and is no longer required for further custodial interrogation. He has however submitted that since the FIR in question is under the NDPS Act of 1985, the petitioner ought

not to be exte