As per case facts, an FIR was registered based on a complaint from the Inspector General of Prisons, Punjab, regarding a drug racket being run from Central Jail, Hoshiarpur. A ...
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1. CRM M-29969-2025
Date of Decision:28.05.2025
Bagga Bhagat ...Petitioner
Versus
State of Punjab ... Respondent
2. CRM M-18720-2025
Narvir Singh ...Petitioner
Versus
State of Punjab ... Respondent
CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT
Present : Mr. Mitul Singh Rana, Advocate
for the petitioner in CRM-M-29969-2025.
Mr. Navraj Singh, Advocate for the petitioner
in CRM-M-18720-2025.
Mr. I.P.S. Sabharwal, DAG, Punjab.
N.S.SHEKHAWAT , J.
1. This order shall dispose off two petitions, i.e., CRM M-
29969 of 2025 titled as “Bagga Bhagat Vs. State of Punjab”, and
CRM M-18720-2025 titled as “Narvir Singh Vs. State of Punjab”,
whereby, the petitioners have prayed for grant of concession of
anticipatory bail in a case FIR No. 64 dated 06.03.2025 under
Sections 21, 22, 29, 59(2) of the NDPS Act registered at Police
CRM M-29969-2025 and connected case -2-
Station Anti Narcotics Force (ANTF), Wing Hoshiarpur, District
Hoshiarpur, Punjab.
2. Since, both the petitions have arisen out of the same FIR
and similar arguments have been raised for both the petitioners, these
petitions have been taken up together for disposal by this Court.
3. The FIR in the present case has been registered on the
basis of the complaint received from Inspector General of Prisons,
Punjab and the same has been reproduced below:-
“Special Director General of Police, Anti-Narcotics Task
Force, Punjab, reference number 3964/AC-5, dated
06-03-2025, states: OFFICE OF THE SPECIAL
DIRECTOR GENERAL OF POLICE, ANTI-
NARCOTICS TASK FORCE, PUNJAB To: Station House
Officer, Police Station, Anti-Narcotics Task Force,
Sector-79, SAS Nagar No. 3964/AC-5, Dated:
06.03.2025 Subject: Registration of FIR regarding drug
racket being run from Central Jail, Hoshiarpur Memo:
Please refer to the subject mentioned above. 2. Enclosed
with this letter is Letter No. 1236/Inv-2, dated
05.03.2025, received from the Director, Bureau of
Investigation, Punjab, Chandigarh, in original (Page
No. 01), along with: Report No. GI/S-4/1692, dated
04.03.2025 (Page No. 02 to 04) Report No. GI/S-4/1694,
dated 04.03.2025 (Page No. 05 to 07). These reports
were received from the office of the Additional Director
General of Police, Prisons, Punjab, in original, along
with a noting sheet (Page No. 01 to Page No. 02) from
this office in original. The direction is given to register
an FIR against all accused mentioned in the report of
CRM M-29969-2025 and connected case -3-
ADGP, Prisons, Punjab under Sections 21, 22, 29, and
59(2) of the NDPS Act, as directed by the Additional
Director General of Police, ANTF, Punjab, at noting
page No. 02. 3. Further, a Special Investigation Team
(SIT) is hereby constituted to investigate the case,
comprising the following officers: Sh. Akashdeep Singh
Aulakh, PPS, SP/ANTF, Rupnagar Range Sh. Harwinder
Pal Singh, PPS, DSP, ANTF, Punjab SI Ram Darshan,
SHO, PS, ANTF, SAS Nagar, SI/LR Litesh Rai, No.
2831/PAP Sd/-Navneet Kumar (DSP/Enforcement) For
Special Director General of Police, VIKRAM SINGH
2025 Anti Narcotics Task Force, Punjab ORIGINAL
PHHC.CHANDIGARH The aforementioned letter was
received at the police station and reviewed. It mentions
that Letter No. 1236/Inv-2, dated 05-03-2025, was
addressed to the Special Director General of Police,
Anti-Narcotics Task Force, Punjab, by the Director,
Bureau of Investigation, Punjab, Chandigarh. The
subject of the letter is: "Request for Investigation into the
Drug Racket Being Run from Central Jail, Hoshiarpur."
And the Additional Director General of Police, Prisons,
Punjab, Chandigarh, has provided a report on the
matter. "IS-4/1692 dated 04-03-2025 is being sent to you
for necessary action as per procedure. Original attached
documents: Pages 1-3. Signed/- Sarabjit Singh, Director,
Bureau of Investigation, Punjab, Chandigarh." Above
this, a handwritten note by the Director, Bureau of
Investigation, Punjab, Chandigarh states: Enclosed
latter from ADGP prisons maybe perused action to be
taken as per of Dr/BOI pursuant to approval by DGP
Punjab for registration of criminal case under relevant
CRM M-29969-2025 and connected case -4-
section of law in PS ANTF. 2. An SIT maybe constituted
to investigate the case headed by DIG Rank Officer, that
above letter No-IS-4/1692 DATED 04.03.2025 which
sent to DGP Punjab by Additional Director General of
Police, Prison, Punjab, "From Additional Director
General of Police, Prison, Punjab, Chandigarh. To
Director General of Police, Punjab, No. G1/S-4/1692
Dated 04-03-2025, Sub: Request for investigation into
drug racket being run from Central Jail Hoshiarpur.
Please refer to subject cited above.2. It is submitted that
Superintendent Central Jail Hoshiarpur had written a
letter to SHO, PS City Hoshiarpur vide letter dated
25.02.2025 for registration of FIR against some
prisoners for getting involved in the fight that took place
on 25.02.2025, wherein FIR No. 52/2025 has been
lodged u/s 190 and 221 of BNSS 2023 in PS City
Hoshiarpur. 3. In this regard, a secret enquiry was got
conducted through Research, Analysis and Intelligence
Wing of Punjab Prisons. As per the enquiry report, the
following facts have emerged: (i) On 25.02.2025, at
around 3:00 pm, 2 High Risk Prisoners (Jarmanjit Singh
s/o Sh. Paramjit Singh, r/o Chamba Khurd, PS Chohla
Sahib, Tam Taran and Nirmal @ Nimma s/o Sh. Pal
Singh, r/o Vill. Munda PS Sri Goindwal Sahib, Tam
Taran) lodged in High Security Zone of the jail came to
chakkar area and had a fight with ordinary prisoners
namely Gurwinder @ Govinda s/o Sh. Jarnail Singh and
Jivtesh Sethi s/o Sh. Iqbal Singh. (ii) Sources revealed
that the fight was a result of dispute regarding drug
money to the tune of Rs 1.50 lac approx. which was
being used to PHHC buying/selling drugs smuggled
CRM M-29969-2025 and connected case -5-
illegally into Central Jail Hoshiarpur. These prisoners in
connivance with some officers/officials and other
prisoners of the jail have been running a drug racket in
Central Jail Hoshiarpur. (i) In the follow up, search of
High Security Zone was conducted and 01 mobile phone
was recovered from another High Risk Prisoner
Sukhwinder @ Sukha (associate of High Risk Prisoner
Jarmanjit Singh). FIR No. 49/2025 in PS City
Hoshiarpur u/s 52A Prisons Act 1894 has been lodged in
this regard. (ii) While delving deep into this matter,
another similar matter came into light, which was later
confirmed by Addl. Supdt. CJ Hoshiarpur also. (a)
Following prisoners have been running a drug
smuggling racket inside Central Jail Hoshiarpur-1)
Prisoner Sikander s/o Sh. Rulda Ram 2) Prisoner
Michael (b) It was further informed that these prisoners
are suspected to be running the drug racket in
connivance with prison officials. Names of these officials
are as below-1) Head Warder Sundar Singh 2) Warder
Bagga Bhagat 3) Warder Keshav Bawa 4) VC Operator
Nirvir Singh (c) Subsequently, jail officers conducted
search of Sundar @ Michael, who is a close associate of
prisoner Sikandar Singh, and recovered 01 mobile
phone. FIR No. 55/2025 in PS City Hoshiarpur u/s 52A
Prisons Act 1894 has been lodged in this regard. Both
Michael and Sikandar are involved in illegal activities,
suspected to be in connivance with VC Operator Nirvir
Singh and other staff members, namely Head Warder
Sundar Singh, Warder Bagga Bhagat and Warder
Keshav Bawa. (d) Further enquiring into this matter
through sources have revealed that prisoner Sikandar
CRM M-29969-2025 and connected case -6-
Singh used to work in the office of Sh. Baljit Singh,
Superintendent, Central Jail Hoshiarpur. He used to take
care of all the secret work of Superintendent, Central
Jail Hoshiarpur. (e) Warder Bagga Bhagat is deployed at
Petrol Pump of jail, where all the illegally procured
money is managed and distributed. (1) Pertinently, all
these officials are very close to Sh. Baljit Singh,
Superintendent, C.J Hoshiarpur, and it is learnt that VC
Operator Nirvir Singh even accompanies
Superintendent, CJ Hoshiarpur inside the jail, and
assists him in the official work regarding management of
prisoners, which is out of the ambit of his duties. (g) The
prisoners (including include High Risk Prisoners lodged
in High Security Zones) have been speaking with each
other through mobile phones and running smuggling
networks from inside the prison, in connivance of other
officials, which cannot be possible without the
involvement of Sh. Baljit Singh, Superintendent Central
Jail Hoshiarpur. 4. In view of above, it is requested that
an FIR under relevant sections of BNSS and NDPS Act
may be lodged in this matter against all the 2025.04.04
12:03 TRUE SCANNED COPY OF THE ORIGIN PHHC
officers/officials as well as prisoners mentioned above. It
is further requested that ANTF may be asked to take over
the investigation from the local police and the matter
may be investigated thoroughly to unearth the racket and
take strict legal action against all accused. 5. It is
further requested that this office may also be informed
about the status of the investigation on regular basis,
and details of involvement of prison officials, so that
suitable departmental action may be taken accordingly,
CRM M-29969-2025 and connected case -7-
please. 6. This is issued with the approval of competent
authority. Sd/- (Roop Kumar Arora) (G. Prisons For:
Additional Director General of Police, Prisons, Punjab,
Chandigarh, Memo No. 2033/PS/DGP/Pb. Dated 05-03-
2025. A request was raised regarding corruption in the
Bureau of Investigation (BOI) and forwarded for review.
Based on the findings, the DGP/ANTF has directed that
an FIR be registered at Police Station ANTF, Punjab,
under appropriate sections of law. Sd/- Director, Bureau
of Investigation, Punjab, Chandigarh The above
investigation report was then forwarded by
DGP/ANTF/PB for further review by ADGP/ANTF/PB.
And ADGP/ANTF/PB forwarded the file along with all
relevant documents to ADA/ANTF, Mohali, for obtaining
a legal opinion. As per Legal Opinion (Memo No.
09/M/ADA/ANTF, dated 06-03-2025): Based on the
allegations, Sections 21, 22, 29, and 59(2) of the NDPS
Act are applicable at this stage. Addition or deletion of
offenses/accused persons may be made depending on the
evidence gathered during the investigation. Sd/-
ADA/ANTF, Mohali Following this, ADGP/ANTF/PB
has directed the SHO/PS/ANTF to register an FIR
against all accused mentioned in the report under the
relevant sections. As mentioned in the ADA opinion,
upon receiving the formal complaint, a case was
registered under the mentioned offenses against the
following individuals: 1. Sh. Baljit Singh,
Superintendent, Central Jail, Hoshiarpur 2. Prisoner
Sikander, S/o Sh. Rulda Ram 3. Prisoner Michael 4.
Head Warder Sunder Singh 5. Warder Bagga Bhagat 6.
Warder Keshav Bawa 7. VC Operator Nirvir Singh The
CRM M-29969-2025 and connected case -8-
case has been entered into the register, and further
proceedings are underway for its completion. Copies of
the FIR and case file, along with the original complaint,
are being sent to the SIT by post Additionally, copies of
the FIR are being dispatched via post as a report to the
Hon'ble Area Magistrate and senior officers for their
information. The Control Room has been informed over
the phone, and the MHC (Munshi Head Constable) of
the police station has been instructed to update the
records accordingly”.
4. Learned counsel appearing on behalf of Bagga Bhagat
(petitioner In CRM M-29969-2025) submits that the FIR in the
present case has been registered on the basis of some secret inquiry
conducted by the concerned authorities after a violent fight broke out
within the premises, Central Jail, Hoshiarpur between certain persons.
In fact, the fight had allegedly a result of dispute regarding the drug
money, which was being used to buy/sell drugs smuggling illegally
inside the Central Jail, Hoshiarpur. During search operations, even a
mobile phone was recovered from high risk prisoners Sukhwinder
Singh @ Sukha, who was linked to Jarmanjit Singh, prisoner, one of
the accused of the fight. Another mobile was found with Sunder
Michael, an associate of Sikander Singh. It was alleged that both the
petitioners, who are jail officials alongwith their superintendent
(prisons) were also involved with hard core prisoners for smuggling
inside the central jail. Learned counsel further submits that the
allegations against the petitioner and his co-accused were apparently
CRM M-29969-2025 and connected case -9-
false. The petitioner had remained posted with various dignitaries in
the past and had unblemished service record. He was part of the
special force and had performed his duty as a NSG Community till
2012 and was part of the security team of several prominent leaders of
this country. After retirement from CISF, he had joined the Central
Jail, Hoshiarpur as a warder and was performing his duties honestly.
Even, he was on duty at the petrol pump of the jail and there are no
suspicious call details with the petitioner involving him in the crime.
Apart from that, no suspicious bank transactions were found and he
has been wrongly arrayed as accused in the present case. Even, he
never went inside the jail as he was performing his official duties at
the petrol pump of the jail.
5. Learned counsel appearing on behalf of Narvir Singh
(petitioner in CRM M-18720-2025) has vehemently argued that the
petitioner falsely involved on the basis of a secret inquiry, which was
conducted without even granting an opportunity of hearing to the
petitioner. Even during the course of inquiry, no incriminating
evidence could be collected against the petitioner and he deserves to
be enlarged on anticipatory bail by this Court.
6. On the other hand, a status report had been filed by way
of an affidavit of the Superintendent of Police, District SAS Nagar
and the same was taken on record.
CRM M-29969-2025 and connected case -10-
7. Learned State counsel has referred to paragraphs 4 to 8 of
the status report to highlight the role of both the petitioners, which
have been reproduced below:-
“4. That the facts leading up to the registration of the
present FIR are that ADGP Prisons Punjab sent his
report dated 04.03.2025 endorsed with No. GI/S-4/1692
to DGP Punjab while requesting investigation into the
drug racket being run from Central Jail Hoshiarpur. The
said report was then forwarded by Director Bureau of
Investigation, Punjab after approval by DGP Punjab to
Special Director General of Police, Anti Narcotics Task
Force, Punjab for registration of FIR vide letter
No.1236/INV-2 dated 05.03.2025. The said letter was
received in the office of Additional Director General of
Police, Anti Narcotics Task Force, who sought legal
opinion regarding the Sections of law under which the
present FIR could be registered on the basis of the said
complaints. Thereupon, the present FIR was directed to
be registered and Special Investigation Team was
constituted to investigate the same, vide letter
No.3964/AC-5 dated 06.03.2025 issued to the SHO P.S
Anti Narcotics Task Force by the office of Special
Director General of Police, ANTF. The Special
Investigation Team comprises of the deponent,
Harvinder Pal Singh, DSP, ANTF, SI/SHO Ram Darshan
and SI/LR Litesh Rai.
5. That the brief facts as mentioned in the aforesaid
report dated 04.03.2025 are that on 25.02.2025 at
around 03.00 pm two high risk prisons Jarmanjit Singh
and Nirmal @ Nima were lodged in High Security Zone
CRM M-29969-2025 and connected case -11-
of Central Jail Hoshiarpur with other prisoners namely
Gurwinder Singh @ Govinda and Jivtesh Sethi.
Subsequently, the sources reveal that the fight was a
result of dispute regarding drug money to the tune of
approximately Rs.1.5 lacs, which was being used to
buy/sell drugs smuggled illegally into Central Jail
Hoshiarpur from the secret inquiry it was also found that
prisoners in connivance with some Jail Officials and
other prisoners have been running a drug racket in
Central Jail Hoshiarpur. One mobile phone was
recovered from high-risk prisoner Sukhwinder Singh @
Sukha, associate of accused Jarmanjit Singh. FIR
No.49/2025 under Section 52-A of Prisons Act, 1894 was
registered in this regard.
6. That when the authorities delved deep into the matter
another similar matter came into light which was
confirmed by the Additional Superintendent Central Jail,
Hoshiarpur and it was found that prisoners Sikandar
and Michael running a drug smuggling racket. It was
further informed that these prisoners were running this
racket in connivance with prison officials namely Head
Warden Sundar Singh, Warder Bagga Bhagat, Warder
Keshav Bawa and VC Operator Narvir Singh (present
petitioner).
7. Subsequently, jail officials conducted search of Sundar
alias Micheal who is close associate of prisoner
Sikandar Singh and recovered 01 mobile phone. FIR
No.55 dated 27.02.2025 under Section 52-A of Prisons
Act, 1894 was registered in this regard at Police Station
City Hoshiarpur. Both accused Michael and Sikandar
have been involved in illegal activity, suspected to be in
CRM M-29969-2025 and connected case -12-
connivance with the petitioner and other jail officials
who have been named as accused in the present FIR.
Further, inquiry also revealed that accused/prisoner
Sikandar used to work in the office of co-accused Baljit
Singh, Superintendent Central Jail, Hoshiarpur, Warder
Bagga Bhagat is deployed at petrol pump of the jail,
where all the illegally procured money is managed and
distributed.
It was further revealed that all officials are close to co-
accused Baljit Singh Superintendent and the petitioner
even accompanied Superintendent inside the jail and
assist him in the official work regarding the management
of prisoners which was out of ambit of his duties.
8. That it was also found that the prisoners (including
high risk prisoners lodged in the high security zone)
have been speaking with each other through mobile
phones and running smuggling network from inside the
jail, in connivance with other officials which could not
be possible without the involvement of accused Baljit
Singh Superintendent”.
8. Learned State counsel has vehemently argued that
Sikandar Singh, Jarmanjit Singh @ Nima, Jarmanjit Singh, Jatesh
Sethi and Sukhwinder Singh @ Sukha, all prisoners/accused were
formally arrested in the present case and the dope test of 4 of them
were found to be positive. Thus, it is apparent that the drugs were
being supplied inside the prisons to the hard core criminals. Apart
from that, the financial investigation unit, ANTF is seeking complete
financial investigation report of these officials and the report is yet to
be received. Still further, the Lead Bank, Mohali, has been requested
CRM M-29969-2025 and connected case -13-
to provide the detailed information regarding the financial
transactions of these jail officials. Apart from that, the letters have
been written to the competent authority to get the property details of
jail officials, who were accused in the present case. Further, the
accused in the present case have destroyed their SIM cards also and
the mobile phones, which were seized from three prisoners have been
sent to the FSL and the same shall be scrutinized in detail by the
‘SIT’. Learned State counsel further submits that the custodial
interrogation of the officials of the jail is required to ascertain the role
played by each of the accused in smuggling the drugs inside the
Central Jail, Hoshiarpur. Apart from that, the financial investigation
unit has also to interrogate the petitioners and other co-accused to
know the trail of money, which was accepted by the jail officials as
bribe. Still further, the petitioners, who are jail officials were using
their mobile phones to connect with outsiders and such connections
will be unearthed by joining of the officials in the investigation. Still
further, the custody of both the petitioners was imperative to establish
further links of this drug nexus, prevailing in the Central Jail,
Hoshiarpur.
9. I have heard learned counsel for the parties and perused
the record.
10. I have heard the learned counsel for the petitioners at
length and agrees with the findings recorded by the trial Court that
there are serious allegations of running a drug racket inside the
CRM M-29969-2025 and connected case -14-
Central jail by certain hardened criminals in collusion with the entire
jail officials. During the process of investigation, it stands established
that the jail staff, which includes both the petitioners, had provided
the mobile phones to hardened criminals Michael and Sikandar, who
were involved in illegal activities in connivance with Narvir Singh,
VC operator. Apart from that, it is equally shocking to know that both
the petitioners were acting as drug mafia, in collusion with hard core
criminals, who were also confined in jail. Consequently, the grant of
concession of anticipatory bail to both the petitioners would amount
to denial fair assistance to the Investigating Agency to investigate the
present case seriously and effectively. In the considered opinion of the
Court, the custodial interrogation of the petitioners would be
imperative and the present petitions deserve to be dismissed.
11. During the course of hearing, learned State counsel has
highlighted the roles of Baljit Singh, Superintendent and other
officials of Central Jail, Hoshiarpur, who had connived with certain
high risk prisoners in the jail itself and the drugs were bought/sold
inside the Central Jail, Hoshiarpur. It is equally shocking to note that
the senior most jail officials were acting as drug mafia and it is the
fittest case for invoking the extra ordinary jurisdiction of this Court
under Section 528 of BNSS in the present case. Even, it has been
brought to the notice of this Court that Baljit Singh, Jail
Superintendent and several other senior officials of jail department are
still at large and the police has not been able to arrest them to further
CRM M-29969-2025 and connected case -15-
establish the links of this drug nexus, prevailing in Central Jail
involving the high risk prisoners inside the jail. It is equally shocking
to note that SIM cards/mobile phones were supplied to the hardened
criminals by these jail officials themselves and they were acting as
conspirators in the drug racket. The Court has also noticed that now
an SIT has been formed by the State of Punjab, which is headed by
the Superintendent of Police, Anti Narcotic Task force, Rupnagar and
is being monitored by ADGP, Anti Narcotic Task force, Punjab. It is
expected that SIT shall investigate the matter fairly and impartially.
12. Consequently, while dismissing both the bail petitions,
the matter has been kept alive only for the limited purpose of
monitoring the investigation in the present case.
13. A status report of investigation may be filed on or before
the next date of hearing by way of an affidavit of the Superintendent
of Police, ANTF, Rupnagar Range.
14. List on 21.07.2025.
28.05.2025 (N.S.SHEKHAWAT)
amit rana JUDGE
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
Legal Notes
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