AI Structured Summary
Not yet generated for this judgment
Judgment
SHALINI SINGH NAGPAL J. (Oral)
Petitioner seeks anticipatory bail in case vide FIR No.117 dated 28.06.2026 under Sections 18 and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Munak, District Karnal, Haryana. This is the first petition for anticipatory bail.
On 18.08.2026, following order was passed:
“1.
2.As per allegations, on 28.06.2026, when police party headed by SI Kirpal Singh was on patrol duty, two persons came on a motor cycle, who tried to escape on seeing the police party The persons riding pillion took out a polythene from his pocket and threw the same on side of the road On the basis of suspicion, they were apprehended and their disclosure statements were recorded The motorcyclist disclosed his name as Paramjeet son of Rajender and pillion rider disclosed his name as Ankit son of Rajender. The polythene contained 81 grams of opium.
3.Learned counsel for the petitioner submits that petitioner was neither present at the spot, nor any recovery was effected from his conscious possession. He was nominated on the basis of disclosure statement suffered by co-accused Paramjit and Ankit, as the alleged supplier. The disclosure statements, as per settled principles of law, were not admissible in evidence There was no other material against the petitioner. The alleged recovery was non-commercial in nature Therefore, the bar under Section 37 of NDPS Act did not apply Further, petitioner had no criminal history and had clean antecedents. He was ready and willing to join investigation. As such, he deserved the concession of anticipatory bail.
4.Notice of motion.
5.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 on the ground that custodial interrogation of the petitioner was required to recover the drug money and to trace the source of drugs.
6.List again on 22.09.2026.
7.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 SI Singh Raj submits that petitioner has joined investigation and is no longer required for custodial interrogation.
Petitioner has joined investigation pursuant to order of this Court dated 18.08.2026 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 18.08.2026, 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.