Gurdev Singh @ Debi v. State Of Punjab

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-43213 of 2016 .....

Date of decision:13.1.2017 Gurdev Singh alias Debi

...Petitioner

v.

State of Punjab

...Respondent

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. S.P.S. Sidhu, Advocate for the petitioner. Mr. Deep Singh, Deputy Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.92 dated 3.10.2016, registered for the offences under Sections 15, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `the NDPS Act') at Police Station Mamdot, District Ferozepur. Notice of motion was issued in this case.

Learned State counsel has appeared on behalf of the respondent-State and contested this petition. I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. As per the prosecution version, the FIR was registered on the basis of a secret information. When the Police party raided the place, four Harpal Singh Parmar 2017.01.13 17:38 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-43213 of 2016 [2] persons succeeded in running in four different directions. One person, namely, Subeg Singh was apprehended, who was found sitting on four plastic bags. There is nothing in the FIR regarding the names and particulars or description of the persons, who ran away from the spot, nor there is anything that anybody identified those persons. Moreover, in pursuance of the interim order dated 20.12.2016, passed by this Court, the petitioner has already joined the investigation. He is not required for custodial interrogation. No useful purpose would be served by sending the petitioner to custody.

Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The order dated 20.12.2016, granting interim bail to the petitioner, is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C.

January 13, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No Harpal Singh Parmar 2017.01.13 17:38 I attest to the accuracy and authenticity of this document Chandigarh