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CDJ 2026 PHC 007
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| Court : High Court of Punjab & Haryana |
| Case No : CRM-M-No. 2132 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE SANJAY VASHISTH |
| Parties : Rajwinder Kaur Versus State of Punjab |
| Appearing Advocates : For the Petitioner: Nitin Mittoo, Advocate. For the Respondent: Iqbal Preet Singh, AAG. |
| Date of Judgment : 03-02-2026 |
| Head Note :- |
BNSS, 2023 - Section 482 -
Comparative Citation:
2026 PHHC 017084,
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| Judgment :- |
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(Oral):
1. 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 FIR No.168 dated 27.07.2025, under Sections 21, 27-A, 29, 61 and 85 of NDPS Act, at PS Jandiala, District Amritsar Rural.
2. On 16.01.2026, following order was passed:
“(i) 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:
Name of Petitioner(s)
| FIR No.
| Date
| Section(s)
| Police Station
| District
| Rajwinder Kaur, aged 31 Years
| 168
| 27.07.2025
| 21, 27-A, 29, 61 and 85 of NDPS Act
| Jandiala
| Amritsar Rural
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(ii) As per the case of the prosecution, while the police was on patrolling duty, accused Kajal and Sarabjit were apprehended. Heroin weighing 10.15 grams along with Rs.1,200/- was recovered from accused Kajal, and Rs.1,900/- was recovered from accused Sarabjit. On the basis of the disclosure statements of both arrested accused, name of one Sajan surfaced in the case; however, nothing was recovered from him. Nevertheless, the disclosure statement of Sajan was recorded to the effect that the contraband was being received from Pooja and Raj @ Rajwinder Kaur (petitioner herein), who were allegedly supplying narcotic drugs/contraband on a routine basis.
(iii) Learned counsel for the petitioner contends that since nothing was recovered from the possession of Sajan, she could not be treated as an accused in the present case. Therefore, recording of his disclosure statement, and consequential implication of Pooja and Raj @ Rajwinder Kaur (petitioner herein) as accused, is not admissible evidence in the eyes of law. He further submits that except for the disclosure statements, no other substantive or corroborative evidence has been collected during the investigation.
Additionally, it is submitted that co-accused namely Pooja, has already been granted the concession of interim anticipatory bail by this Court, vide order dated 14.09.2025, passed in CRM-M-64064-2025 (Annexure P-3).
(iv) Learned counsel for the petitioner also submits that no other case has ever been registered against her under the provisions of the NDPS Act. Moreover, petitioner is ready and willing to join the investigation if granted protection from arrest. Thus, counsel prays for grant of concession of anticipatory bail to the petitioner in the present case.
(v) Notice of motion.
(vi) On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab, puts in appearance on behalf of the respondent – State, and seeks some time to file status report in the matter.
(vii) Adjourned to 03.02.2026.
(viii) To be heard along with CRM-M-64064-2025.
(ix) Meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).
(x) 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.
It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court.”
3. Learned counsel for the petitioner submits that in pursuance to the directions issued by this Court vide order dated 16.01.2026, the petitioner has joined investigation.
4. Learned State counsel on instructions from ASI Karanbir Singh, confirms the said averment made by counsel for the petitioner of joining the investigation by the petitioner on 28.01.2026, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation.
5. Heard learned counsel for the parties.
6. Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 16.01.2026 passed by this Court is hereby made absolute. Accordingly, present petition is allowed.
7. The petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023.
8. However, present order would be subject to the submission of his passport to the Investigating Agency or to Court concerned, if he possesses, within a period of one week from today. Otherwise, he would submit an affidavit, disclosing the fact that he does not possess any passport.
9. It is clarified that in case, aforesaid condition is not complied with, this order would be considered as non est automatically.
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