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Judgment
DHARAMPREET SINGH …Petitioner V/S STATE OF HARYANA …Respondent CORAM: HON’BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Ms. Krity Lohan, Advocate for Mr. Rajesh Lamba, Advocate for the petitioner. Mr. Kshitij Bharti, AAG, Haryana.
**** SHALINI SINGH NAGPAL J. (Oral)
Petitioner seeks anticipatory bail in case vide FIR No.170 dated 09.09.2025 under Sections 21(B), 27-A of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Sadar Ratia, District Fatehabad. This is the first petition for anticipatory bail.
On 19.08.2026, following order was passed:
“1.
2.Learned counsel for the petitioner submits that recovery of 88 grams of heroin was effected from co-accused Harkrishan @ Rinku Petitioner was neither present at the spot, nor any recovery was effected from his possession. He had been involved on the basis of disclosure statement of Gurmeet Singh co-accused, who was named by the main accused Harkrishan @ Rinku. He further submits that apart from the disclosure statement, there was no material against
CRM-M-46056-2026(O&M) -2-
the petitioner and the disclosure statement was not admissible in evidence. Petitioner had clean antecedents and was not involved in any other case under the NDPS Act. Quantity of contraband recovered from co-accused was non-commercial Therefore, the bar of Section 37 of NDPS Act did not apply Petitioner was ready and willing to join investigation, thus, he deserved to be enlarged on anticipatory bail.
Notice of motion.
Mr. Vikas Bhardwaj, AAG Haryana, who is present in the Court accepts notice on behalf of respondent-State and opposes the prayer for anticipatory bail. However, he concedes that quantity of contraband recovered from co-accused is non-commercial and the only material against the petitioner is the disclosure statement of co-accused.
List on 23.09 2026.
In the meantime, in the event of arrest, petitioner shall be released on interim anticipatory bail subject to his furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer Petitioner shall join investigation as and when called upon to do so and shall abide by the conditions as envisaged under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.”
Learned State counsel on instructions from ASI Krishan submits that petitioner has joined investigation and is no longer required for custodial interrogation.
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Petitioner has joined investigation pursuant to order of this Court dated 19.08.2026 and his further custodial interrogation is not required. In the circumstances of the case but without commenting on merits, the petition is allowed and order dated dated 19.08.2026, granting interim anticipatory bail to the petitioner, is made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023.
Pending CRM(s), if any, also stand disposed of.
(SHALINI SINGH NAGPAL)
23.09.2026 JUDGE