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CDJ 2026 SC 499
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| Court : Supreme Court of India |
| Case No : Criminal Appeal No. of 2026 (Arising out of SLP(Crl.) No. 2505 of 2026) |
| Judges: THE HONOURABLE MR. JUSTICE SANJAY KUMAR & THE HONOURABLE MR. JUSTICE K. VINOD CHANDRAN |
| Parties : Ramesh Singh Versus The State of Haryana |
| Appearing Advocates : For the Petitioner: ------ For the Respondent: ------ |
| Date of Judgment : 20-03-2026 |
| Head Note :- |
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 15(b) and 29 -
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| Summary :- |
1. Statutes / Acts / Rules / Orders Mentioned:
- Narcotic Drugs and Psychotropic Substances Act, 1985
- Sections 15(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985
- Sections 27A of the NDPS Act
- Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Bharatiya Nagarik Suraksha Sanhita, 2023
2. Catch Words:
- anticipatory bail
- bail
- custodial interrogation
- investigation
3. Summary:
The appellant Ramesh Singh challenged the High Court’s denial of anticipatory bail in a narcotics FIR. The Supreme Court had earlier granted protection from arrest on condition of cooperation. The State’s counter‑affidavit admitted compliance but noted no material recovery and that the appellant was not initially named. The Court found no justification for custodial interrogation at this stage. Consequently, the appeal was allowed, setting aside the High Court order. The Court directed that if arrested, the appellant must be released on bail with conditions prescribed by the Special Court. No merits of the underlying case were addressed, and any pending applications were disposed of.
4. Conclusion:
Appeal Allowed |
| Judgment :- |
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1. Leave granted.
2. The appellant, Ramesh Singh, is aggrieved by the denial of anticipatory bail by the High Court of Punjab & Haryana at Chandigarh, vide order dated 23.01.2026 passed in CRM-M No. 2233/2026, in relation to First Information Report (FIR) No. 322 dated 20.08.2025 registered with Police Station - City Fatehabad, District -Fatehabad, Haryana, for the offences punishable under Sections 15(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985["NDPS Act", for short] (Sections 27A of the NDPS Act added later on).
3. By order dated 13.02.2026, this Court granted protection from arrest to the appellant, Ramesh Singh, in relation to the aforestated FIR, subject to the condition that he joins and cooperates with the investigation.
4. A counter affidavit/reply has been filed by the State of Haryana, wherein it is conceded that pursuant to the aforestated order dated 13.02.2026, the appellant has joined the investigation and also made a disclosure statement. However, it appears that no tangible material has been recovered pursuant to such disclosure statement. Further, the appellant was not named initially.
5. In these circumstances, we find no grounds made out for custodial interrogation of the appellant at this stage.
6. The appeal is, accordingly, allowed, setting aside the impugned judgment/order. It is directed that, in the event the appellant, Ramesh Singh, is arrested in connection with the FIR in question, he shall be released on bail forthwith on such appropriate terms and conditions as may be fixed by the Special Court.
7. The appellant, Ramesh Singh, shall abide by the conditions stipulated in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and shall cooperate to cooperate with the investigation and thereafter, during the course of the trial, if any.
8. We clarify that we have not made any observations/comments on the merits of the case and any observation made in this order is meant only for the limited purpose of grant of anticipatory bail.
9. Pending application(s), if any, shall stand disposed of.
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