Anticipatory bail can be granted in NDPS Act cases if the accused is implicated solely through a co-accused's disclosure statement without corroborative evidence, provided the accused has cooperated with the investigation.

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.25 dated 22.01.2026 registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Section 29 of the NDPS Act added later on) at Police Station Civil Line Batala, District Gurdaspur (Annexure P-1).

2. On 01.04.2026, 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.25 dated 22.01.2026 registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Section 29 of the NDPS Act added later on) at Police Station Civil Line Batala, District Gurdaspur (Annexure P-1).

Brief facts as per the prosecution case are that on 22.01.2026, Inspector Manohar Singh along with fellow police officials was on a patrolling duty and on the basis of suspicion, apprehended one Karan Kumar @ Noni who was found in conscious possession of 8.31 grams of Heroin. Initially, the FIR in question was registered against the said co-accused.

Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He further contends that the petitioner was neither present at the spot, nor was named in the FIR and he has no concern with the said incident. He further contends that the petitioner has been nominated as an accused only on the basis of the disclosure statement made by co-accused Karan Kumar @ Noni. 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/her custodial interrogation is not admissible in evidence. No recovery is to be effected from the petitioner.

Learned counsel for the petitioner further submits 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 and while referring to the status report, has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature.

Adjourned to 18.04.2026.

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 petitioners 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 01.04.2026 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 SI Gurmeet 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 interrogatio