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2026 Supreme(Online)(P&H) 97961

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARMANJIT SINGH SANDHU ALIAS HAMMA – Appellant
Versus
UNION OF INDIA THROUGH THE INTELLIGENCE OFFICER AMRITSAR – Respondent
CRM-M_21863_2026



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(cid:1)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (101)

Date of Decision:-27.07.2026

1. CRM-M-21863-2026 (O&M)

HARMANJIT SINGH SANDHU ALIAS HAMMA ……Petitioner Versus UNION OF INDIA THROUGH THE INTELLIGENCE OFFICER, AMRITSAR ……Respondents

2. CRM-M-21876-2026 (O&M)

HARMANJIT SINGH SANDHU ALIAS HAMMA ……Petitioner Versus UNION OF INDIA THROUGH THE INTELLIGENCE OFFICER, AMRITSAR ……Respondents CORAM: HON’BLE MR. JUSTICE ALOK JAIN ****

Present: Mr. P.S. Ahluwalia, Senior Advocate with Mr. Deepanshu, Advocate and Ms. Isha Mehta, Advocate for the petitioner.

Mr. Rajiv Sharma (Hisarwale) Special Public Prosecutor, Mr. Vinayak Atre, Advocate and Ms. Indu Bala Shama, Advocate for the respondent-NCB.

Assisted by Inspector Sourabh Meena.

****

P2Ia 0au A2tt R the6 e U.s0 nt L 7 ttioc .2 i tt8 yh e1 o 7 fa : tc0 hc9 isu rdaoccyu amnednt/order (cid:2)

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ALOK JAIN, J. (Oral)

1. The present set of two petitions have been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 of the Code of Criminal Procedure, 1973), seeking the concession of anticipatory bail in connection with NCB Crime No. 08 of 2026 (CRM-M-21863-2026) and NCB Crime No. 14 of 2026 (CRM-M-21876-2026) both registered by the Narcotics Control Bureau, Amritsar.

2. Learned Senior Counsel appearing on behalf of the petitioner has opened his arguments by submitting that there is no FIR in the present case and submits that CRM-M-21863-2026 arises out of NCB Crime No. 08, registered on 15.02.2026. Learned Senior Counsel further submits that on 15.02.2026, a search was conducted at the residential premises of co- accused Harpal Singh, which allegedly led to the recovery of 2.950 kg of Opium, 5.504 kg of Methamphetamine, and 8.740 kg of Heroin, pursuant to which co-accused Harpal Singh and Jodhbeer were nominated. On the basis of the disclosure statement made by Jodhbeer, one Jasbir Singh was nominated and he has laid emphasis on the date of recording of this disclosure statement to be that of 16.02.2026. Subsequently, Jasbir Singh was apprehended and in the disclosure statement of Jasbir Singh, the name of the present petitioner was nominated in NCB Crime No. 8 of 2026.

P2Ia 0au A2tt R the6 e U.s0 nt L 7 ttioc .2 i tt8 yh e1 o 7 fa : tc0 hc9 isu rdaoccyu amnednt/order (cid:3)

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Putting the factual matrix at a pause at this stage, learned Senior counsel for the petitioner has submitted that another NCB Crime No. 14 was registered on 11.03.2026 in which the Authorities stated to have recovered 9.332 kgs of heroin and apprehended one Nishan Singh @ Shana and subsequently, in his disclosure statement, pursuant to the remand applications qua Nishan Singh @ Shana, disclosure statement came to be recorded in which the name of one Paramjeet Singh @ Pamma and Harmanjit Singh @ Hamma was recorded i.e. the present petitioner. It is submitted that both these persons are closely related.

3. Coming back to the proceedings in NCB Crime No. 8 of 2026, learned counsel has submitted that the residential premises of the present petitioner was raided on 15.02.2026, whereas his name came to be allegedly disclosed by co-accused Jasbir Singh only on 16.02.2026.

4. The sequence of events demonstrates pre-meditated targeting and high-handedness on the part of the investigating agency. It is submitted that the sole piece of evidence arrayed against the petitioner in NCB Crime No. 08 dated 15.02.2026 is an uncorroborated disclosure statement, which carries no evidentiary value in the absence of any independent material or recovery at his instance.

5. Learned Senior Counsel further submits that when the petitioner could not be apprehended in NCB Crime No. 08, the agency, in P2Ia 0au A2tt R the6 e U.s0 nt L 7 ttioc .2 i tt8 yh e1 o 7 fa : tc0 hc9 isu rdaoccyu amnednt/order (cid:4)

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order to exert undue pressure roped him into NCB Crime No. 14, registered on 11.03.2026, wherein alleged recoveries were effected from co-accused Nishan Singh @

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