Anticipatory bail may be granted in NDPS cases where the accused is implicated solely through a co-accused's disclosure statement, provided there is no other incriminating material and the accused has cooperated with the investigation.

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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.09 dated 22.01.2026 registered under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Section 29 of the NDPS Act added later on), at Police Station Khem Karan, District Tarn Taran.

2. On 08.04.2026, the following order was passed by this Court: -

“Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.09 dated 22.01.2026 registered under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Section 29 of the NDPS Act added later on), at Police Station Khem Karan, District Tarn Taran.

Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. He further submitted that the petitioner was neither present at the spot, nor was named in the FIR and he has no concern with the said incident. It has also been contended that the petitioner has been nominated as an accused only on the basis of the disclosure statement made by co-accused Nishan Singh, who was apprehended at the spot with huge recovery of 392 grams of heroin. Apart from the disclosure statement, there is no other evidence to connect the petitioner with the offence in question and it is a trite law that disclosure statement of the co-accused during his custodial interrogation is not admissible. Moreover, the petitioner has clean antecedents as he is not involved in any other case and no recovery is to be effected from him. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency.

On the other hand, learned State counsel has filed the status report in the matter, which is taken on record and while referring to the same, he has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature. However, he has not controverted the fact that the petitioner is a first time offender as he is not involved in any other case.

Adjourned to 23.04.2026.

In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.”

3. Learned counsel for the petitioner submits that in compliance with the order dated 08.04.2026 passed by 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 ASI Gurdial 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. She has however submitted that since the FIR in question is under the NDPS Act of 1985, the petitioner ought not to be exte