Lovepreet Singh v. State Of Punjab

 




  

 




























































  
 

    
  

 

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1. Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioner seeks grant of anticipatory bail, in case FIR No.02 dated 03.01.2024, under Sections 21(B)/61/85 of the N.D.P.S Act (Sections 25/54/59 of the Arms Act added subsequently), registered at P.S. Bariwala, District Sri Muktsar Sahib.

2. The learned counsel for the petitioner submits that neither the name of the petitioner reflects in the FIR, nor any role whatsoever has been assigned to him therein. The only piece of evidence, which constitutes the bedrock for the investigating agency to arrest the petitioner, is the disclosure statement of co-accused, from whom the alleged recovery of 10 grams of heroin was effected, and as such, his disclosure statement cannot be taken into consideration.

3. The learned counsel for the petitioner further submits that even in the disclosure statement (supra), the petitioner is not alleged to have been indulging in smuggling of narcotics, rather the only AMANDEEP GOSAIN 2024.04.30 17:32 I attest to the accuracy and integrity of this order/judgment

 




  

 




























































allegation against him, is that, he had supplied a pistol to the coaccused. Lastly, he submits that though the petitioner is involved in two other cases under the N.D.P.S. Act, however, in the instant case, there is no allegation against him qua smuggling of narcotics.

4. Notice of motion for 29.04.2024.

5. Mr. Pardeep Bajaj, D.A.G., Punjab, accepts notice on behalf of respondent-State of Punjab.

6. In the meantime, the petitioner is directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C.  '

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AMANDEEP GOSAIN 2024.04.30 17:32 I attest to the accuracy and integrity of this order/judgment