Amritpal Singh Alias Malhi v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 138-2 Decided on : 26.02.2026 Amritpal Singh alias Mahli . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Rishu Mahajan, Advocate for the petitioner(s).

Mr. Vinay Malhotra, Sr. DAG, Punjab assisted by ASI Tarlochan Singh.

**** SANJAY VASHISTH , J. (Oral) 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 here-under:- Name & age of Petitioner (s) FIR No.

Date Section(s) Police Station District Amritpal Singh alias Mahli, aged about 35 years 11.06.2025 21-C/29 of NDPS Act, 1985 and 25/54 of Arms Act, 1959 Gate Hakima Amritsar 2.

In the present case, on 29.01.2026, following order was passed by this Court:- "2.

As per the case of the prosecution, two persons, namely Vikramjit Singh @ Bika and Satbir Singh, were riding a Bulletmotorcycle bearing registration No. PB02-EG-9642 when they were intercepted. On checking, a white-colored polythene bag held by Vikramjit Singh @ Bika was recovered, containing 912 grams of heroin. After the arrest of co-accusedVikramjit Singh @ Bika recorded a disclosure statement, in which he named the petitioner, alleging that the petitioner supplied the recovered contraband weighing 912 grams of heroin.

3.

Learned counsel for the petitioner submits that the petitioner has been implicated solely on the basis of a disclosure statement allegedly made by co-accused-Vikramjit Singh @ Bika, after his arrest. No

- 2 - recovery of contraband has been effected from the petitioner, and there is no other connecting or corroborative evidence linking him to the alleged 912 grams of heroin. Learned counsel further submits that it is settled law that a disclosure statement of a co-accused, by itself, is a weak piece of evidence and cannot form the sole basis for denying anticipatory bail, particularly when it has not resulted in any recovery from the petitioner. Moreover, petitioner is ready and willing to join the investigation if he is protected from arrest. Thus, learned counsel prays for grant of anticipatory bail to the petitioner 4.

Notice of motion.

On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab puts in appearance on behalf of the respondent - State. He seeks some time to file reply.

5.

Adjourned to 25.02.2026 6.

In the meanwhile, petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, petitioner shall be released on interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. 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.).

7.

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. 8.

To be heard alongwith CRM-M-63601-2025."

2.

Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 29.01.2026, passed by 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.

On the other hand, learned State counsel submits that petitioner though has joined investigation, but he is the one, who had actually supplied heroin to main accused - Vikramjit Singh @ Bika, from whom 912 grams of heroin was recovered.

However, despite being asked again and again, learned State counsel is unable to cite any other connecting evidence from the record, such as, money trail between the two or the telephonic connectivity near to the time of affecting recovery from the co-accused - Vikramjit Singh @ Bika.

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Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 29.01.2026, passed by this Court is hereby made absolute. 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.

5.

Accordingly, petition stands disposed of, accordingly. 6.

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 26, 2026 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No