Hira Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-13750-2026(O&M) DATE OF DECISION: 24.03.2026 Hira Singh ........Petitioner VERSUS State of Punjab .........Respondent

CORAM

HON'BLE MR. JUSTICE SUBHAS MEHLA

Present

Mr. Ranjodh Singh Sidhu, Advocate for the petitioner. Mr. Anup Singh, AAG, Punjab.

*** SUBHAS MEHLA, J (ORAL) 1.

Present petition has been filed for grant of anticipatory bail to the petitioner in case FIR No.31 dated 21.02.2026, under Sections 21, 27-B, 29 of NDPS Act, 1985, registered at Police Station City Patti, District Tarn Taran. 2.

Present petitioner has been nominated on the basis of a disclosure statement of one Chand Singh, from whom 15 grams of heroin has been recovered, that the petitioner has supplied the alleged contraband. 3.

Learned counsel for the petitioner contended that the petitioner has been named in the disclosure statement of the co-accused namely Chand Singh, from whose possession 15 grams of heroin has been recovered; the petitioner has not been named in the FIR and no recovery is to be effected from him; even otherwise the alleged recovery effected from the co-accused

 falls under the category of non-commercial quantity. The petitioner has been implicated in the present case solely on the basis of disclosure statement, which is inadmissible in the eyes of law, hence, prayer for grant of anticipatory bail to the petitioner is made.

3.

Notice of motion. 4.

In pursuance of advance notice, Mr. Anup Singh, A.A.G., Punjab, has put in appearance and accepts notice on behalf of respondent/State and submits that the petitioner is involved in 07 more cases under the NDPS Act and one case under the Arms Act; the petitioner's name was disclosed by the co-accused namely Chand Singh, being the supplier of the recovered contraband; the petitioner is required for custodial interrogation so as to unearth the source of the contraband of the offence and to collect evidence. Thus, prays for dismissal of present bail petition.  5.

Heard. 6.

Without commenting on the merits of the case and keeping in view the facts and circumstances of the case, contentions of learned counsel for the parties; gravity of offence and antecedents of the present petitioner, this Court does not find any merit to allow the petition for grant of anticipatory bail to the petitioner. 7.

Anticipatory bail is an extraordinary relief, to be granted sparingly, only in exceptional cases deserving of the concession. The grant of such relief becomes even more circumscribed in cases involving serious offences as those alleged in the present case as the Court is required to look beyond the offence in isolation and take into account the surrounding

 circumstances, including the impact of the crime on society, the likely effect of the grant of anticipatory bail on the societal interest, and the possibility of the accused indulging in similar illegal activities or otherwise impeding a fair investigation or the progress of the trial. 8.

Recently, Hon'ble Apex Court in Srikant Upadhyay v. State of Bihar, 2024 INSC 202, has made the following observation with regard to concession of Anticipatory Bail:-
 

                      

                                                

                    

                                                       

       9.

The offence of drug peddling or dealing in narcotic substances is not merely a crime against an individual or a simple violation of statutory provisions, but is an offence against society at large. The increasing prevalence of drugs has far-reaching ramifications on the youth, and consequently, on the social fabric. Considering the gravity of the offence and its serious societal repercussions, this Court finds no justification to extend the extraordinary and discretionary relief of anticipatory bail to the petitioner.

10.

Moreover, with reference to relief of anticipatory bail in cases under N.D.P.S. Act, Hon'ble Apex Court in "Anarul S.K. Vs. The State of

 West Bengal" (SLP (Crl.) No.12621-2024 has observed that the grant of anticipatory bail in cases involving Narcotic Drugs and Psychotropic Substances (NDPS) is a very serious issue. (In NDPS cases). 11.

In view of the above discussion, the present petition is hereby dismissed.

12.

All pending misc. applications, if any, be also disposed of. 24.03.2026 (SUBHAS MEHLA) Sonia Puri JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No