Nirmal Singh vs State of Punjab

SANJAY VASHISTH, J. (Oral)

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:-

As per version of FIR, on 10.07.2026, accused Gurfateh Singh has been apprehended by the police and from his conscious possession, 10 Kgs Poppy Husk has been recovered. During investigation, accused Gurfateh Singh disclosed that he has bought said Poppy Husk from Nirmal Singh (present petitioner) and he has been nominated as accused in the present case vide DDR No.99 dated 10.07.2026, for the offence under section 29 of NDPS Act. Offence under section 27 of NDPS Act also added in the present case vide DDR No.33 dated 11.07.2026 as accused Gurfateh Singh was found positive in the dope test.

Counsel argues that quantity recovered from the main accused Gurfateh Singh is only 10 Kgs of Poppy Husk, which is much less to the threshold of more than 50 Kgs of Poppy Husk, to call it a 'commercial quantity'. Moreover, petitioner is implicated as accused only on the basis of disclosure statement which is inadmissible as per law. Further points out that petitioner is aged 49 years and was never found involved in any similar activity in the past complete career. Therefore, allegations seem to be false vis-a-vis the petitioner.

Notice of motion.

On advance notice, learned State counsel puts in appearance on behalf of the respondent – State and confirms that ever in past, no criminal case including any case under NDPS Act was found registered against the petitioner, who is near to the age of 50 years.

Allegation against the petitioner, which surfaces through the disclosure statement of his co-accused, is sufficient or insufficient, is a matter of evidence, which is yet to be established by the prosecution beyond doubt against the petitioner. Moreover, for disposal of the present petition, this Court does not find any substantial reason to keep the same pending to call for the status report or any other details.

Considering the two major aspects i.e. the petitioner is aged 49 years and that he never found involved in any other criminal case including under NDPS Act, nor petitioner is directly found in the company of co-accused Gurfateh Singh, the petition is allowed and petitioner is directed to join the investigation within two weeks from today or as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. In the event of arrest, the petitioner shall be released on bail, subject to furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the conditions laid down under Section 438(2) Cr.P.C.

However, it is made clear that in case the petitioner does not join investigation within aforementioned time, present bail order would be deemed to be inoperative and the Investigating Officer would be free to arrested the petitioner.

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.

Accordingly, petition stands disposed of.

Pending application(s), if any, also stands disposed of accordingly.