Bahadur Singh v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 30.07.2024 Bahadur Singh .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Japjit Singh Johal, Advocate, for the petitioner. Mr. Inderjeet Singh Ladher, DAG, Punjab, assisted by ASI Anil Kumar.

***** FIR NO.

DATE POLICE STATION OFFENCES 169 25.8.2023 Dasuya, District Hoshiarpur 22 of NDPS Act (Section 29 NDPS Act added later on) 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 11.03.2024:

"The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No.169, dated 25.8.2023 at Police

- 2 - Station Dasuya, District Hoshiarpur, under Section 22 of Narcotic Drugs and Psychotropic Substances Act, wherein offence under Section 29 of NDPS Act was added later on. As per the case of prosecution, one Narinder Singh was found in possession of 12 injections of 'Buprenorphine IP 0.3 Mgml.'. During the course of interrogation, the aforesaid Narinder Singh disclosed that the aforesaid contraband had been supplied to him by the petitioner. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case solely on the basis of disclosure statement of co-accused, which would not carry any evidentiary value in the absence of any other connecting evidence.

Notice of motion for 30.7.2024.

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.

Learned State counsel has submitted that the petitioner has joined investigation and is not required for any custodial interrogation. 4.

In view of the aforestated position wherein the petitioner has joined investigation and she is not stated to be required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 11.03.2024 are hereby made absolute

- 3 - 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.

30.07.2024 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No