Rajan Kumar v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 207-II Date of decision: 25.08.2025 Rajan Kumar

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY Present :

Mr. Manoj R. Sharma, Advocate for the petitioner. Mr. Kamalpreet Bawa, DAG, Punjab.

***** AARADHNA SAWHNEY, J.(ORAL) 1.

By virtue of the present petition under Section 482 BNSS, petitioner, who is co-accused in case bearing FIR No.32 dated 07.03.2025 registered under Section 111 BNS and Section 21(a) of NDPS Act (Section 29 of NDPS Act added later on), at Police Station Dinanagar, Gurdaspur has prayed for grant of pre-arrest bail.

2.

On 13.06.2025, following order was passed by this Court:- "Contends that petitioner was not named in the FIR; rather nominated on the basis of disclosure made by main accusedDiksha from whom recovery of 5 grams heroin (small quantity) was allegedly recovered. Further contends that co-accused, namely, Savtantar Rai Bhandari with similar allegation has already been granted interim protection by this Court vide order dated 03.04.2025 (P-3) passed in CRM-M-18413-2025. Notice of motion.

Mr. Prit Inder Pal Singh, learned Addl.A.G., Punjab accepts notice on behalf of respondent; seeks time to have instructions and/or to file written response in the matter. Posted for 18.08.2025.

In the meanwhile, petitioner shall join investigation before the Investigating Officer; but he be not arrested till the next date of hearing.

To be heard with CRM-M-18413-2025."

3.

Pursuant thereto, the status report by way of affidavit of Rajinder Singh Manhas, Deputy Superintendent of Police, Dinanagar,

District Gurdaspur has been placed on record. In para 9 thereof, it has been specifically mentioned that petitioner has joined the investigation on 28.07.2025. In para 11, details of the case property recovered in the present case, has also been mentioned. It has further been specified that the petitioner is involved in 2 other cases of NDPS. 4.

Learned counsel submits that the petitioner has been falsely implicated in the present case, he was nominated only on the basis of disclosure statement of accused Diksha, who was caught red-handed at the site along with 5 grams of heroin (small quantity). The said disclosure statement is not admissible in evidence. Nonetheless, the petitioner has joined the investigation. Learned counsel further submits that the main accused has since been granted the concession of bail by the Additional Sessions Judge, Gurdaspur vide order dated 30.04.2025. In view of the above, it was prayed that interim anticipatory bail granted to Petitioner be confirmed.

5.

Learned State counsel has also intimated that the petitioner has joined investigation and is no more required for any custodial investigation in this case nor he is required for further investigation. 6.

Heard.

7.

Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation, interim bail granted vide order dated 13.06.2025 is hereby confirmed, subject to conditions as envisaged under Section 482(2) BNSS. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior

permission of the Court.

8.

The petition stands allowed.

(AARADHNA SAWHNEY) JUDGE 25.08.2025 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No