Balbir Singh Alias Bablu v. State Of Haryana

CRM-M No.25864 of 2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.25864 of 2025 Date of decision : 11.8.2025 Balbir Singh @ Bablu .............Petitioner

Versus

State of Haryana .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Sandeep, Advocate, for Mr. Lupil Gupta, Advocate, for the petitioner Mr. Vishal Singh, AAG, Haryana --- SUMEET GOEL, J. (ORAL) 1.

Present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of anticipatory bail to the petitioner in case FIR No.183 dated 6.4.2025, under Sections 21-B/29/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station City Sirsa. 2.

On 13.5.2025, the following order was passed by this Court: 'Petitioner prays for grant of pre-arrest bail in FIR No.183 dated 06.04.2025 registered under Sections 21-B/29/61/85 of the NDPS Act at Police Station City Sirsa.

Learned counsel for the petitioner contends that co-accused Ghanshyam was arrested in the present case for keeping 15 grams 34 milligrams of heroin in his conscious possession without any permit or licence. However, the petitioner was neither named in the FIR nor was arrested at the spot nor any averment in the FIR connecting him with the commission of crime. Learned counsel further submits that the petitioner has been

CRM-M No.25864 of 2025 -2arrayed as an accused on the basis of disclosure statement suffered by the co-accused in which he had stated that the recovered contraband was to be supplied to the petitioner. He further submits that the petitioner is a first offender and was never involved in any other criminal activity. He also submits that the mandatory provisions of search and seizure were not followed by the police in the present case.

Notice of motion.

On the asking of Court, Mr. Rajinder Kumar Banku, DAG, Haryana accepts notice on behalf of the respondent-State. List on 11.08.2025.

In the meantime, the petitioner is directed to join the investigation. In the event of arrest, he shall be released on interim bail to the satisfaction of arresting/investigating officer subject to the conditions envisaged under Section 438 (2) Cr.P.C./482 (2) of BNSS, 2023.' 3.

Learned State counsel (on instructions) submits that pursuant to the order dated 13.5.2025, the petitioner has joined investigation and is no longer required for custodial interrogation.

4.

In view of the above stance of the State, the instant petition is allowed. The interim order dated 13.5.2025, passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS.

5.

This order should not be treated as "blanket" order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 6.

Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS or upon showing any other sufficient cause.

CRM-M No.25864 of 2025 -37. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. (SUMEET GOEL) JUDGE 11.8.2025 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No