Citation : 2026 Latest Caselaw 2766 P&H
Judgement Date : 20 March, 2026
CRM-M-57180-2025 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
110
CRM-M-57180-2025
Decided on: 20.03.2026
Maninderpal Singh alias Maninder Singh ......Petitioner
Versus
State of Punjab ......Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. Vikas Gupta, Advocate for the petitioner.
Mr. Neeraj Madaan, Sr. DAG, Punjab .
****
SANJAY VASHISTH, J.
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 & FIR Date Section(s) Police Station District age of No. Petitioner
(s) Maninderpal 162 13.08.2025 21(c), 29 of Khem Karan Tarn Singh alias NDPS Act and Taran Maninder 10, 11,12 of Singh Aircraft Act,
2. After hearing learned counsel for the petitioner on
13.10.2025 following was recorded:
"1. xxx
2. Learned counsel for the petitioner, inter alia contends, that initial recovery of 1 kg 86 grams of heroin was made from the main accused, Balwinder Singh and Gurdit Singh, who were arrested at the spot. During the course of their interrogation, both accused disclosed that the recovered heroin had been
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procured from an unknown person for further supply to one Malkiat Singh. Subsequently, during further investigation, Balwinder Singh and Gurdit Singh identified and pointed towards a person standing by the roadside with a motorcycle, alleging that he was the individual from whom they had procured the contraband. Upon apprehension, the said person disclosed his identity as Jaspal Singh.
After his arrest, co-accused Jaspal Singh made a disclosure statement implicating himself and present petitioner, stating that they had jointly supplied the recovered heroin to Balwinder Singh and Gurdit Singh.
Learned counsel for the petitioner submits that apart from the alleged disclosure statement, which is inadmissible in evidence under the law, there is no other material or connecting evidence collected by the prosecution against the petitioner.
3. It is further argued that petitioner is a young individual aged 21 years and, except of the present case, he has not been involved in any similar offence under the NDPS Act, though two cases under the Indian Penal Code are registered against him. Moreover, petitioner is willing to join the investigation and cooperate fully, 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 14.01.2026.
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 be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).
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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."
3. Continuing his submissions, learned counsel for the
petitioner submits that, in compliance with the order dated 13.10.2025
passed by this Court, petitioner has joined the investigation and has
extended full cooperation. He, therefore, prays for confirmation of the
interim anticipatory bail order.
4. On instructions, learned State counsel submits that, in
pursuance of the directions issued by this Court, although petitioner
joined the investigation on 31.10.2025, he has not fully cooperated. It is
submitted that the mobile phone, which is stated to have been used by
him and is required to be recovered from his possession, has not been
returned despite repeated demands.
5. I have heard learned counsel for the parties and perused the
paper-book.
6. It is noticed that although petitioner has joined the
investigation, mobile phone, as required by the Investigating Agency,
has not been handed over to the Investigating Officer. In view of the
above, present petition is disposed of with a direction to the petitioner to
appear before the investigating officer concerned within two weeks from
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today and to hand over the mobile phone bearing SIM No. 9779712254
(as mentioned in the memo of parties of the present petition).
Interim order dated 13.10.2025 is hereby made absolute,
subject to the petitioner complying with the aforesaid directions.
It is made clear that the petitioner shall continue to join the
investigation as and when required to do so and shall abide by all the
terms and conditions laid down under Section 482(2) of the BNSS, 2023.
It is further clarified that the petitioner shall submit his
passport, or an affidavit regarding non-possession of a passport if he does
not possess one, to the Investigating Agency or the Court concerned
within a period of two weeks from today.
In case of failure to comply with the aforesaid directions, the
present order shall be deemed to be inoperative, and it shall be open to
the Investigating Officer to proceed to arrest the petitioner in accordance
with law.
7. Accordingly, petition stands disposed of.
(SANJAY VASHISTH) JUDGE 20.03.2026 Rashmi Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO
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