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High Court of Punjab and HaryanaCRM-M/3942/2023allowed

Gurpreet Singh v. State Of Punjab

2023-04-21Mr. Justice Gurbir Singh2 pages

2023:PHHC:056567

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-3942-2023 Date of decision: 21.04.2023 GURPREET SINGH

...Petitioner

VERSUS

STATE OF PUNJAB

...Respondent

CORAM : HON'BLE MR. JUSTICE GURBIR SINGH

Present:

Mr. Ankit Chauhan, Advocate for Mr. J.K. Singla, Advocate for the petitioner.

Mr. Sarabjit Singh Cheema, DAG, Punjab.

**** GURBIR SINGH , J. (ORAL) The prayer in the present petition filed under Section 438 Cr.P.C is for grant of anticipatory bail to the petitioner in case FIR No.02 dated 03.01.2023 under Section 15-B, 27, 29 NDPS Act registered at Police Station Jaurkian, District Mansa.

On 25.01.2023, the following order was passed:- "The prayer in the present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case bearing FIR No.02, dated 03.01.2023, under Sections 15-B, 27, 29 of NDPS Act, 1985, registered at Police Station Jaurkian, District Mansa.

Learned counsel for the petitioner submits that the petitioner has been nominated in the FIR on the basis of disclosure statement made by the co-accused, namely, Joginder Singh @ Gogra, from whom 10 Kg of Poppy Husk was recovered. Recovery is of non-commercial quantity. No other case is pending against the petitioner and he is ready KUSUM 2023.04.21 19:28 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD

2023:PHHC:056567 CRM-M-3942-2023 -2to join the investigation.

Notice of motion.

At the asking of the Court, Mr. Jaiteshwar S. Bhandari, AAG, Punjab, appears and accepts notice on behalf of the respondent-State. A copy of the paper book be supplied to him during the course of the day. He seeks some time to file status report.

Adjourned to 21.04.2023.

Meanwhile, in the eventuality of arrest of the petitioner in the instant case, he shall be enlarged on interim bail subject to his furnishing personal bond/surety bond to the satisfaction of Investigating Officer/Arresting Officer. The petitioner shall join the investigation as and when called upon to do so by the Investigating Agency. The petitioner shall abide by the conditions as laid down under Section 438(2) Cr.P.C. in letter and spirit." Learned State counsel, on instructions from ASI Satpal Singh submits that in compliance of the order dated 25.01.2023 the petitioner has already joined the investigation and he is not required for any custodial interrogation. In view of above, the order dated 25.01.2023 granting interim bail to the petitioner, is made absolute. The petitioner shall abide by the conditions as laid down under Section 438(2) Cr.P.C. in letter and spirit. Petition is disposed of accordingly.

(GURBIR SINGH) JUDGE 21.04.2023 kusum Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No KUSUM 2023.04.21 19:28 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD