Harwinder Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on: 23.07.2025 HARWINDER SINGH ......Petitioner

Versus

STATE OF PUNJAB ......Respondent

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

None for the petitioner.

Mr. Manjinder Singh Bhullar, DAG, Punjab.

**** SANJAY VASHISTH, J.

1.

On 30.04.2025, following order was passed:- "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 Petitioner FIR No.

Date Section(s) Police Station District (s) Harwinder Singh, aged about 38 years 30.03.2025 15 of NDPS Act (Section 29 of NDPS Act added later on) Mahilpur Hoshiarpur 2.

Learned counsel for the petitioner, inter alia, contends that recovery in the present case pertains to 5 kilograms of poppy husk, which was allegedly recovered from the co-accused, Swaran and Jasvir Singh. It is submitted that co-accused Swaran is the father of the petitioner. The allegation against the petitioner has surfaced subsequently, based solely on the disclosure statement of the arrested accused, Swaran, wherein it is alleged that the petitioner was the one who arranged and supplied the recovered poppy husk weighing 5 kilograms.

3.

It is further submitted that, apart from the disclosure statement of co-accused, there is no other material or evidence on record to substantiate the

allegations made therein. Even name of the petitioner does not find mention in the FIR. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case.

4.

Notice of motion.

5.

On advance notice, Mr. Amandeep Singh, DAG, Punjab, puts in appearance on behalf of the respondent - State, and seeks some time to file status report.

6.

Adjourned to 23.07.2025.

7.

In the 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 adinterim 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.).

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.

Learned State counsel has also filed status report dated 22.07.2025 in the Court today and the same is taken on record. 4.

Though, there is no representation on behalf of the petitioner today, but by referring to the interim direction dated 30.04.2025 passed by this Court, learned State counsel submits that in compliance to the said order, petitioner has already joined the investigation and fully cooperated with the investigating agency. Thus, he submits that custodial interrogation of the petitioner would not be required now for the purpose of investigation.

5.

Heard learned counsel for the parties.

6.

Since the petitioner has joined the investigation and since custodial interrogation is no more required, present petition is allowed and ad-interim order dated 30.04.2025, 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. 7.

Accordingly, petition stands disposed of.

(SANJAY VASHISTH) JUDGE 23.07.2025 Lavisha Whether Speaking/Reasoned:

YES/NO Whether Reportable:

YES/NO