Gurpartap Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on: 27.02.2026 GURPARTAP SINGH ......Petitioner

Versus

STATE OF PUNJAB ......Respondent

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Anmol Puri, Advocate, for the petitioner.

Mr. Neeraj Madaan, Sr. DAG, Punjab.

**** SANJAY VASHISTH, J.

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 of Petitioner (s) FIR No.

Date Section(s) Police Station District Gurpartap Singh 09.07.2022 21b, 29 of NDPS Act Sadar Kotkapura Faridkot 2.

On 03.12.2025, following order was passed:- "Petitioner, an accused in case FIR No.83 dated 09.07.2022 registered against him, for commission of offences punishable under Section 21(b), 29 of NDPS Act, at Police Station Sadar Kotkapura, District Faridkot, has prayed for grant of pre-arrest bail. Learned counsel submits that the petitioner has been falsely implicated in the present case. On 09.07.2022, co-accused Mohit Kumar @ Kaimbi, who was allegedly caught red handed at the site keeping in his illegal possession 25 grams of Heroin ('Intermediate Quantity'). Aforesaid Mohit Kumar

suffered a disclosure statement on the basis of which one Rohit @ Gaurav was arrested, who in turn suffered a disclosure statement in which the name of the petitioner cropped up. Learned counsel further submits that said disclosure statement, in the absence of recovery of any other incriminating material, is not admissible in evidence. Learned counsel next submits that petitioner is willing to join the investigation as and when called for by the Investigating Officer. Notice of motion.

Mr. Kamalpreet Bawa, DAG, Punjab, accepts notice on behalf of respondent-State and seeks time to file detailed status report.

Adjourned to 21.01.2026.

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 ad-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.)."

3.

Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 03.12.2025, 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 has filed status report dated 26.02.2026 in the Court today and the same is taken on record. Registry is directed to tag the same at the appropriate place on the file. 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. 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 03.12.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed.

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.

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 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. (SANJAY VASHISTH) JUDGE 27.02.2026 Lavisha Whether Speaking/Reasoned:

YES/NO Whether Reportable:

YES/NO