Punjab and Haryana High Court

CRM-M/35151/2026 of SHISHPAL Vs STATE OF HARYANA on 27 August 2026

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1- 203 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-35151-2026 (O&M) Date of decision: 27.08.2026 SHISHPAL ...PETITIONER VERSUS STATE OF HARYANA ...RESPONDENT CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. K.B. Raheja, Advocate for Ms. Bhawna Thakur, Advocate

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRM-M-35151-2026 (O&M)

Date of decision: 27.08.2026

SHISHPAL

...PETITIONER

VERSUS

STATE OF HARYANA

...RESPONDENT

CORAM:

HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL

Present:

Mr. K.B. Raheja, Advocate for

Ms. Bhawna Thakur, Advocate

for the petitioner.

(through VC).

Ms. Kanica Sachdeva, DAG, Haryana.

***

SHALINI SINGH NAGPAL J.

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1. Petitioner seeks anticipatory bail in FIR No. 197 dated 10.06.2026 under Section 15(b) Narcotic Drugs and Psychotropic Substances Act, Police Station Sirsa Sadar, District Sirsa. This is the first petition for anticipatory bail.

2. On 22.07.2026, following order was passed:- “Petitioner seeks anticipatory bail in FIR No. 197 dated 10.06.2026 under Sections 15(b) Narcotic Drugs and Psychotropic Substances Act, Police Station Sirsa Sadar, District Sirsa. This is the first petition for anticipatory bail. As per allegations, on 10.06.2026, co-accused namely Bhajan Lal was found in conscious possession of 4 kg. 818 grams of poppy straw. His statement was recorded wherein he disclosed that he had purchased 5 kg. of poppy straw from petitioner Shishpal for Rs.25,000/- out of which he consumed some and the remaining was recovered. Learned counsel for the petitioner submits that the only evidence against the petitioner was disclosure statement of co- accused which was not admissible in evidence, hit by Section 23(1) and 23(2) BNS. Petitioner who was ready and willing to join investigation, had never been involved in any NDPS Act case on earlier occasion. Status report by way of affidavit of DSP, Ellenabad, District Sirsa has been filed by State of Haryana, which is taken on record. Learned State counsel concedes that petitioner was never involved in any NDPS Act case, though, he was convicted in FIR No.322 dated 24.08.2005 under Sections 323, 341, 451 IPC, Police Station Phephana, District Hanumangarh, Rajasthan. She further submits that name of the petitioner figured in the FIR. Prayer for anticipatory bail was opposed. The quantity allegedly recovered from co-accused is non- commercial. The only material projected against the petitioner is disclosure statement of co-accused. In the facts and circumstances of the case, petitioner is directed to appear before the Investigating/Arresting Officer and join investigation within one week or as and when required. In the event of his arrest, the Investigating/Arresting Officer shall release the petitioner on interim anticipatory bail on furnishing personal/surety bonds to his/her satisfaction. The petitioner shall also abide by the conditions as envisaged under Section

482(2) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Adjourned to 27.08.2026.”

3. Learned State counsel concedes that petitioner has joined investigation and is no longer required for custodial interrogation.

4. Pursuant to order of this Court dated 22.07.2026, petitioner has joined investigation. Considering all relevant facts and circumstances, but without commenting on merits of the case, the petition is allowed and order dated 22.07.2026, 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.

5. Pending miscellaneous applications, if any, stand disposed of. (SHALINI SINGH NAGPAL) 27.08.2026

JUDGE Sumit Singla Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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