Baljeet Singh v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:02.11.2021 Baljeet Singh ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. K.S.Brar, Advocate for the petitioner.

Mr. Sarabjit Singh Cheema, AAG, Punjab.

SUVIR SEHGAL, J. (Oral) While granting interim protection to the petitioner, this Court passed the following order on 27.07.2021:- "The Court has been convened through video conferencing due to Covid-19 Pandemic.

Instant petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in case FIR No.65 dated 05.06.2021, registered for offence under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act"), at Police Station Sadar Jalalabad, District Fazilka (Annexure P-1). Counsel for the petitioner has contended that the

{2} petitioner has been arraigned as an accused on the basis of a statement of co-accused-Arshdeep Singh, from whom recovery of 500 intoxicating tablets was effected. He urges that the disclosure statement made by the co-accused in police custody is inadmissible in evidence. He submits that the petitioner, who is not involved in any other case under the provisions of NDPS Act, is ready to join the investigation and co-operate with the Investigating Agency.

Notice of motion.

On asking of the Court, Mr. Harbir Singh Sandhu, AAG, Punjab accepts notice on behalf of respondent-State. List on 02.11.2021.

Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, he shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. He shall also abide by the conditions as specified under Section 438 (2) Cr.P.C." Upon instructions from ASI Mukhtiar Singh, State counsel submits that the petitioner has joined the investigation and he is no longer required for custodial interrogation, though the challan is yet to be presented.

In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated

{3} 27.07.2021 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

(SUVIR SEHGAL) November 02, 2021 JUDGE savita Whether Speaking/Reasoned Yes Whether Reportable Yes/No