AI Structured Summary
Not yet generated for this judgment
Judgment
H.S. GREWAL, J. (ORAL)
The present petition has been filed under Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023 seeking anticipatory bail to the petitioner in FIR No.29 dated 09.02.2026 under Sections 21-C and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Section 21-C having been added vide DDR No.18 dated 11.02.2026 and Section 27 having been added vide Rapat No.11 dated 14.02.2026) registered at Police Station Anti-Narcotics Task Force (ANTF), Sector-79, Sohana, District SAS Nagar (Mohali), Punjab.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and that his custodial interrogation is neither required nor warranted. It is submitted that the petitioner was arrested in the present FIR on 09.02.2026 and remained in custody for about five months. However, vide judgment dated 13.07.2026 passed by this Court in CRWP-4021-2026, the arrest of the petitioner as well as his police and judicial remand was held to be illegal for non-compliance with the mandatory safeguards contained in Article 22(1) of the Constitution of India, and his release was accordingly ordered. Pursuant thereto, the petitioner was released on 15.07.2026. Learned counsel further submits that after the petitioner had been released, the Investigating Agency moved an application dated 24.07.2026 before the learned Special Court seeking permission to re-arrest him. It is contended that the said application did not disclose any fresh material or any specific investigative purpose necessitating the petitioner's custody. Nevertheless, the application was allowed by the learned Special Court, Ferozepur, vide order dated 03.08.2026. Thereafter, the petitioner's application for anticipatory bail was dismissed vide order dated 07.08.2026 primarily by invoking the rigour of Section 37 of the NDPS Act.
In support of his submissions he has placed reliance upon judgment passed by the Hon’ble Supreme Court in Criminal Appeal No.4324 of 2026 titled “Jaskaran Jeet Singh Deol versus State of Punjab (2026 INSC 1022)” wherein it has been held as under:
“informing an arrested person of the grounds of arrest in writing, in a language they understand, is a mandatory constitutional safeguard under Article 22(1). Arrest or detention in violation of Article 22(1), or detention beyond 24 hours without production before a Magistrate in violation of Article 22(2), renders the arrest and consequential detention unconstitutional and entitles the accused to immediate release. However, such release does not bar lawful re-arrest. Any subsequent custody must be preceded by judicial approval, prior communication of the grounds of arrest, an explanation for the earlier non-compliance, and compliance with the prescribed procedural safeguards. The Court further recognised compensation as a public law remedy for infringement of fundamental rights and emphasised accountability through departmental action against erring officers.”
Learned State Counsel while referring to the short reply by way of affidavit Harpreet Singh, PPS, Deputy Superintendent of Police, Anti-Narcotics Task Force, Bathinda vehemently opposed the submissions made by the learned counsel for the petitioner.
I have heard the learned counsel for the parties and perused the record.
Keeping in view the facts and circumstances of the case and the law settled by the Hon’ble Supreme in case Jaskaran Jeet Singh Deol (Supra), the present petition is allowed and the impugned order dated 07.08.2026 is hereby set aside subject to the conditions as envisaged under Section 482(2) of the BNSS [erstwhile Section 438(2) Cr.P.C.]. The petitioner is directed to appear before the trial Court within 7 days and furnishing requisite bail bonds, surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.
Pending miscellaneous application(s), if any, shall also stand disposed of.