Sandeep Singh v. State Of Punjab
In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 05.08.2024 Sandeep Singh .... Petitioner
Versus
State of Punjab ... Respondent
CORAM:
HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Gagandeep Singh Gill, Advocate for Mr. P.S.Sekhon, Advocate, for the petitioner. Mr. Inderjeet Singh Ladher, DAG, Punjab, assisted by ASI Gurdeep Singh.
***** FIR NO.
DATE POLICE STATION OFFENCES 171 14.11.2023 Sadar Dhuri, District Sangrur 15 and 29 of NDPS Act GURVINDER SINGH GILL , J . (Oral) 1.
The instant petition has been filed on behalf of the petitioner seeking grant of anticipatory bail in respect of aforementioned FIR. 2.
At the time of issuance of interim bail the following order was passed on 09.02.2024:
"The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No.171, dated 14.11.2023 at Police Station
- 2 - Dhuri, District Sangrur, under Sections 15 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.
As per the case of prosecution, on 14.11.2023, a police during the course of patrolling and checking intercepted a car bearing registration No.HR-26AQ-5325. Upon being signaled to stop, the person, who was sitting on front passenger seat, fled away from the spot while the driver was apprehended. Upon inquiries, the driver disclosed his name as Raghvir Singh @ Sucha. Although the person, who ran away, was chased by the police officials, but he managed to escape. Three bags total weighing 60 kilograms containing 'poppy husk' were recovered from the car. Upon interrogation, Raghvir Singh @ Sucha disclosed that the person, who had run away, was Sandeep Singh (petitioner). It is further the case of prosecution that the photocopy of petitioner's Aadhar Card was found lying in the dashboard of the car.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and that it is highly unlikely that the police officials, who had chased the petitioner and who would have also been armed, were unable to catch hold of the petitioner. Learned counsel has further submitted that false implication of the petitioner would also be evident from the fact that, there is no plausible explanation for the petitioner to have kept a photocopy of his Aadhar Card in the car particularly when the said car is not even registered in his name. Notice of motion for 5.8.2024.
Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C."
- 3 - 3.
Learned State counsel has submitted that pursuant to the interim directions issued by this Court, the petitioner has joined investigation. It has however, been informed that the petitioner is wanted in two other cases.
4.
Having regard to the facts and circumstances of the case and the fact that the petitioner has joined investigation and was never arrested at the spot and that no recovery was ever effected from him, the petition is accepted and the interim directions issued by this Court vide order dated 09.02.2024 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. 05.08.2024 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No