Gaggu Singh Alias Babu Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-6.12.2021 Gaggu Singh @ Babu Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- None for the petitioner.

Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by ASI Karnail Singh.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.72 dated 31.5.2021 at Police Station Bareta, District Mansa under Section 22 of Narcotic Drugs & Psychotropic Substances Act.

2.

At the time of issuance of notice of motion on 5.7.2021, the following order was passed:

"As per the case of prosecution a secret information was received against the petitioner to the effect that he indulges in sale of intoxicant tablets and that in case a raid is conducted, he may be caught redhanded. Pursuant to said information the police

( 2 ) conducted a raid at the residence of the petitioner but although the petitioner was seen there but he is stated to have escaped while throwing a transparent bag which contained 90 tablets of 'Tramadol'. The petitioner is stated to have been identified by an ex-Sarpanch of the village namely Jugraj Singh. Learned counsel for the petitioner has submitted that he has falsely been implicated in the instant case on account of political rivalry in the village and it remains unexplained as to how the police which had prior secret information and had raided the house of the petitioner was unable to apprehend the petitioner. Notice of motion for 6.12.2021.

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 Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."

3.

Learned State counsel, upon instructions from ASI Karnail Singh, has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation and is not required for any custodial interrogation. It has also been informed that the petitioner is not involved in any other case.

4.

In view of the aforestated position, wherein the petitioner is stated to have joined investigation and is not even stated to be required for any custodial interrogation and is not involved in any other case and also bearing in mind the fact that the petitioner was not arrested at the spot, the petition is accepted and the interim directions issued by this Court vide order dated 5.7.2021 are hereby made absolute, subject to the condition that the

( 3 ) 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. 6.12.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No