Chetan Kumar @ Chetan Kumar Agarwal v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 130-1 Decided on : 23.03.2026 Chetan Kumar @ Chetan Kumar Aggarwal . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Keshav Pratap Singh, Advocate for the petitioner(s).

Mr. Manjinder S. Bhullar, DAG, Punjab.

**** 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 petitioners, who have 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 Chetan Kumar @ Chetan Kumar Aggarwal, aged 28 years 03.03.2023 22C, 29 of NDPS Act, 1985 Moonak Sangrur 2.

In the present case, on 07.11.2025, following order was passed by this Court:- "2.

In the instant case, FIR was registered on 03.03.2023 and recovery of 2500 tablets of Tramadol and 15,600 tablets of Alprazolem (total 18100 tablets) were effected from the co-accused-Sandeep Singh alias Sipa. After arresting the said accused, his disclosure statement was recorded and Resham Singh and Pawan Kumar Sharma, two more accused were nominated in the case as accused. All three aforementioned accused have been released on regular bail by the concerned Court. Through batch no. of the recovered contraband of the tablets, it is also revealed out that

- 2 - same have been manufactured by one company namely "Pure and Cure Health Care Private Limited", who infact had sold the contraband to another pharmaceutical company namely "M/s Plenteous Pharmaceutical Pvt. Ltd." and in turn, it was further delivered to Anand Medicines, Luknow, which through debit note sold it to "M/s Chetan Medical Agency, Main Road, Jattari, District Aligarh". Thus, prosecution submits that infact, it was petitioner-Chetan Kumar @ Chetan Kumar Aggarwal who was running M/s Chetan Medical Agency and it is he, who had supplied the contraband bearing a specific batch no. which have been recovered from Sandeep Singh alias Sipa, main accused.

3.

Learned counsel for the petitioner argues that during investigation, it is found that the firm, being run by the petitioner i.e. M/s Chetan Medical Agency had even been closed down on 20.07.2023 and medical store also was not operational for the last 4-5 years. Thus, as per investigation itself, firm M/s Chetan Medical Agency had been closed down somewhere in the year 2021-2023. Therefore, merely on the basis of mentioning of batch number, same being connected with the firm and it cannot be taken as a conclusive proof that it is the petitioner, who had supplied the contraband of the tablets in the year 2023. Infact, license was surrendered somewhere in May, 2023 to the office of Drug Inspector as the business was not being run during that year. 4.

Further submits that just for proving the charges, custodial interrogation may not serve any special purpose, when petitioner himself is ready to join investigation and to supply all the documents in regard to the business of M/s Chetan Medical Agency.

5.

Notice of motion.

On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab puts in appearance on behalf of the respondent -State. 6.

Adjourned to 28.01.2026.

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 interim 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.

- 3 - It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court." 3.

Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 07.11.2025, 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.

4.

Learned State counsel on instructions, confirms the said averment made by counsel for the petitioner of joining the investigation by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation. Besides, learned State counsel submits that petitioners while joining the investigation submitted an affidavit that they do not possessing any passport.

5.

Heard learned counsel for the parties.

6.

Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 07.11.2025, 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, accordingly. 8.

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

- 4 - 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 March 23, 2026 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No