Baljit Singh v. State Of Punjab

Prayer is for grant of anticipatory bail to the petitioner in criminal case having FIR No.124 dated 23.03.2024 registered under Sections 20, 21, 29 of NDPS Act at Police Station City Barnala, District Barnala.

Counsel for the petitioner submits that FIR in this case was registered against Satnam Singh from whom police is stated to have recovered 20 grams of heroin and subsequently one Mangli resident of Badhni Kalan (District Moga) was nominated as accused and thereafter police raided house of the present petitioner but at that time petitioner was not present at his house but he is apprehending his arrest. Counsel for the petitioner further submits that aforesaid recovery of heroin comes under non-commercial quantity and is not covered under rigors of Section 37 of NDPS Act and further the petitioner is having no criminal history under NDPS Act and is ready to join investigation with the police. Notice of motion.

Mr. Jasjeet Singh Dhaliwal, AAG, Punjab accepts notice on behalf of the State and on instructions from SI Dharampal submits that present petitioner Baljit Singh is also known by name of Mangli and is nominated as accused on the basis of disclosure statement of co-accused Satnam Singh from whom police recovered 20 grams of heroin on 23.03.2024. However, State counsel has not disputed the fact that aforesaid recovery comes under non-commercial quantity and further petitioner is having no criminal antecedents under NDPS Act.

The admissibility and relevance of the alleged disclosure statement made by co-accused against the present petitioner is a subject matter of trial.

Now be listed on 24.07.2024.

In the meantime, in case of arrest, the petitioner is directed to be released on interim bail by the IO/Arresting Officer to his own satisfaction till the next date of hearing. The petitioner should join the investigation with the police well in time before the next date of hearing and is to abide by the conditions as envisaged under Section 438(2) of Cr.P.C.

Jyoti Thakur