Citation : 2026 Latest Caselaw 1762 P&H
Judgement Date : 23 February, 2026
CRM-M-69912-2025 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
116-1
CRM-M-69912-2025
Decided on : 23.02.2026
Amarjit Singh @ Nikku . . . Petitioner(s)
Versus
State of Punjab . . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. L.S. Sekhon, Advocate
for the petitioner(s).
Mr. Neeraj Madaan, Sr. DAG, Punjab.
****
SANJAY VASHISTH, J. (Oral)
1. In the present case, on 11.12.2025, following order was passed
by the Coordinate Bench of this Court:-
"1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:-
Name & age of FIR Date Section(s) Police Station District Petitioner (s) No. Amarjit Singh 288 01.11.2025 21, 27 and 29 Anti Narcotics SAS Nagar @ Nikku, aged of NDPS Act Force (ANTF) (Mohali) about 41 years
2. Learned Senior Counsel for the petitioner, inter alia, contends that, as per the allegations, police allegedly received secret information that accused Rohit Sidhu @ Mithu and Vishal Singh @ Rattan were supplying heroin and ICE to their customers and were present in Flat No.243, and if raid was conducted, they could be apprehended with a substantial quantity of contraband. Based solely on this secret information, police party proceeded in a Bolero vehicle, bearing registration No.PB-10- GK-6046, to conduct the raid and even sent a ruqa for registration of FIR before effecting any actual recovery from the named accused.
Subsequently, allegations are developed by the prosecution that during raid, a bag was found lying on the sofa inside the flat, where both the accused persons, namely, Rohit Sidhu @ Mithu and Vishal Singh @ Rattan, were allegedly seated. Upon search of the bag, 51 grams of ICE (amphetamine) (including the polythene bag), 180 grams of heroin (non- commercial quantity), Rs.4,11,790/- alleged drug money, two mobile phones, one electronic scale, and 40 empty transparent pouches were recovered.
Arrested accused Vishal Singh @ Rattan is stated to have made a disclosure statement alleging that the recovered contraband was
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supplied to him by the petitioner (who is related as father-in-law of the arrested accused Vishal Singh @ Rattan).
3. Learned Senior Counsel for the petitioner submits that apart from the said disclosure statement, which is inadmissible in evidence and incapable of being used as substantive proof, there is no material with the prosecution to establish the truth of the said allegation. It is argued that petitioner has been falsely implicated in the present case merely because he was previously involved in two NDPS cases and is known to the police officials, with the intention of enlarging the list of accused persons in the present case.
It is further submitted that petitioner is ready and willing to join the investigation and fully cooperate, provided he is granted protection from arrest. Thus, counsel prays for grant of anticipatory bail to the petitioner in the present case.
4. Notice of motion.
5. On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab, puts in appearance on behalf of the respondent - State, and seeks some time to file status report in the matter.
6. Adjourned to 23.02.2026.
7. Meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).
8. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.
It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court."
2. Continuing his submissions, learned counsel for the petitioner
contends that in compliance of the order dated 11.12.2025, passed by the
coordinate Bench of this Court, petitioner has joined the investigation, and
has fully co-operated. Therefore, he prays for confirmation of the said
interim anticipatory bail order.
3. Learned State counsel has filed status report dated 22.02.2026
in the Court today and the same is taken on record.
Learned State counsel on instructions, confirms the said
averment made by counsel for the petitioner of joining the investigation on
14.02.2026 by the petitioner, and submits that as of now, custodial
interrogation of the petitioner is not required for the purpose of
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investigation.
4. Heard learned counsel for the parties.
5. Since, petitioner has already joined the investigation and
custodial interrogation is no more required; ad-interim bail order dated
11.12.2025, passed by this Court is hereby made absolute. Accordingly,
present petition is allowed.
However, petitioner shall continue to join the investigation as
and when required to do so and abide by all the terms and conditions laid
down under Section 482(2) of BNSS, 2023.
6. Accordingly, petition stands disposed of.
7. However, present order would be subject to the submission of
passport of the petitioner to the Investigating Agency or to Court concerned,
if he possesses, within a period of one week from today. Otherwise, he
would submit an affidavit, disclosing the fact that he does not possess any
passport.
It is clarified that in case, aforesaid condition is not complied
with, this order would be considered as non est automatically.
Pending misc. application(s), if any, also stand disposed of.
(SANJAY VASHISTH) JUDGE February 23, 2026 J.Ram
Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No
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