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.102 dated 28.07.2025 under Section
21(b) of the NDPS Act, 1985 at Police Station Rori, District Sirsa.
2. On 16.10.2025, the following order was passed: -
The learned counsel for the petitioner inter alia contends
that the petitioner has been named in the disclosure statement of
his co-accused/Jagjit
co accused/Jagjit Singh @ Jag. Other than that there is no
corroborative additional evidence available against him.
authenticity of this document.
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58788-2025
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Reliance is placed on the order in 'Vijay Singh versus The State
of Haryana, bearing Special Leave to Appeal (Crl.)
No(s).1266/2023 decided on 17.05.2023', which is reproduced as
under:
under:-
"The petitioner is alleged to have committed offences
under Sections 15 and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (hereinafter called the NDPS
Act". His application for anticipatory bail was rejected by the
High Court. The allegations in the FIR are that 1.7 Kg of Poppy
Straw (Doda Post) was recover
recovered from the co-accused.
accused. The
petitioner concededly was not present at the spot but was named
by the co-accused.
co accused. That apart there is no other material to
implicate the petitioner. The prosecution urges that another case
with allegations of commission of offe
offence
nce under the NDPS Act
are pending against the petitioner. It is not denied that in those
proceedings he was granted bail.
Having regard to these circumstances, the petitioner is
directed to the enlarged on anticipatory bail, subject to such
terms and conditions
conditions as the trial Court may impose.
The petition is allowed.
All pending applications are disposed of."
Notice of motion.
Mr. Viney Phogat, DAG, Haryana, present in the Court,
accepts notice on behalf of the State.
Adjourned to 15.12.2025.
In the meantime,
antime, the petitioner is directed to appear before
the SHO/Investigating Officer to join investigation and in the
event of his arrest, he shall be released on bail on his furnishing
bail bonds to the satisfaction of SHO/Investigating Agency,
subject to the
the following conditions as envisaged under Section
438(2) Cr.P.C.:-
Cr.P.C.:
authenticity of this document.
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(i) that the petitioner shall make himself available for
interrogation before the investigating officer as and when
required;
(ii) that the petitioner shall not, directly or indirect
indirectly
ly make
any inducement, threat or promise to any person acquainted with
the facts of the case as to dissuade him/her from disclosing such
facts to the Court or to any police officer;
(iii) that the petitioner shall not leave the country without
prior permission
permission of the Court and shall surrender his passport, if
any.
Meanwhile, the State is directed to file an affidavit/reply
as to the exact role of the petitioner and his co
co-accused
accused
alongwith the details of pending FIRs, if any, on or before the
next date of
o hearing."
3. Learned counsel for the petitioner submits that in compliance
with the order dated 16.10.2025
.2025 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.
co
4. Learned counsel for the State, (on instructions from ASI Naresh
Kumar),, 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
furth custodial interrogation. Sh
She has however submitted that
since the FIR in question is under the NDPS Act of 1985, the petitioner ought
not to be extended the concession of anticipatory bail.
5. On a specific query put by this Court to the learned State counsel
as to whether, apart from the disclosure statement, any material has been
found during investigation to connect the petitioner with the recovered
contraband, to which learned State counsel submitted that no material other
authenticity of this document.
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than disclosure statement has been found to connect the petitioner with either
the offence or the recovered contraband.
6. I have heard learned counsel for the rival parties and perused the
available record.
7. At this juncture, it would be apposite to refer herein to a
judgment passed by the Hon'ble Supreme Court titled as 'Tofan Singh vs.
State of Tamil Nadu, AIR 2020 Supreme Court 5592'
5592',, relevant whereof
reads as under:
"155. We answer the reference by stating: (i) That the officers who are
invested with powers under
under section 53 of the NDPS Act are "police
officers within the meaning of section 25 of the Evidence Act, as a
result of which any confessional statement made to them would be
barred under the provisions of section 25 of the Evidence Act, and
cannot be taken into account in order to convict an accused under the
NDPS Act (ii) That a statement recorded under section 67 of the NDPS
Act cannot be used as a confessional statement in the trial of an offence
under the NDPS ACT".
8. More recently, the Hon'ble Supreme
Supreme Court in a judgment titled as
'Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu Vs. State of
Gujrat, Narcotics Control Bureau' 2024 INSC 290', has reiterated the ratio
decidendi of the judgment of Hon'ble Supreme Court in the case of Tofan
Singh (supra).
pra).
9. Further, the
he Hon'ble Supreme Court while dealing with a plea for
grant of anticipatory bail in a case under NDPS Act, 1985; in a judgment
titled as 'Vijay Singh vs. The State of Haryana, bearing Special Leave to
Appeal (Crl.) No.(s)1266/2023 decided on 17.05.2023' has held as under:
"The petitioner is alleged to have committed offences under Sections 15
and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985
(hereinafter called the NDPS Act". His application for anticipatory bail
authenticity of this document.
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was rejected by the High Court. The allegations in the FIR are that 1.7
Kg of Poppy Straw (Doda Post) was recovered from the co
co-accused.
accused.
The petitioner concededly was not present at the spot but was named by
the co-accused.
accused. That apart there is no other material to implicate the
petitioner. The prosecution urges that another case with allegations of
commission of offence under the NDPS Act are pending against the
petitioner. It is not denied that in those proceedings he was granted
bail. Having regard to these circumstances, the petitioner is directed to
the enlarged on anticipatory bail, subject to such terms and conditions
as the trial Court may impose. The petition is allowed. All pending
applications are disposed of."
10. In the present case also, the
the petitioner is sought to be arrayed
solely on the basis of the disclosure statement of the co
co-accused.
accused. Suffice to
say there is no other material available to connect the petitioner with the
recovered contraband. The veracity of the disclosure statement m
made
ade by the
co-accused
accused will be subject to comprehensive scrutiny during the course of the
trial and the same cannot by itself be a ground to decline the concession of
anticipatory bail to the petitioner,
petitioner especially when he has joined the
investigation in terms
te of interim order/protection
protection granted by this Court.
11. In view of the above, the petition is allowed and the interim
order dated 16.10.2025
16 passed by this Court is made absolute. The petitioner
shall continue to join investigation as and when required by the Investigating
Officer and shall also abide by the conditions as provided under Section
482(2) of the BNSS.
12. Needless to say anything observed herein above shall not be
construed to be an opinion on the merits of the case.
(RUPINDERJIT CHAHAL)
AL)
19.12.2025 JUDGE
Gurpreet
i) Whether speaking/reasoned? Yes/No
GURPREET ii) Whether reportable? Yes/No
authenticity of this document.
