Harpreet Singh @ Gurvinder Singh @ Gaggi v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 5.1.2022 Harpreet Singh @ Gurvinder Singh @ Gaggi .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Janak Singh Bhinder, Advocate, for the petitioner. Mr. Harbir Sandhu, AAG, Punjab, assisted by ASI Bant Singh.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against him vide FIR No.147, dated 17.7.2021, Police Station Dirba District Sangrur, under Sections 22/29 of NDPS Act.

2.

At the time of issuance of interim directions the following order was passed on 17.8.2021:

"Learned counsel for the petitioner submits that the FIR was lodged on the basis of secret information to the effect that

- 2 - one Jaswinder Singh @ Laddi sells intoxicating tablets after procuring the same from the petitioner and that the petitioner further procured the same from one Didar Singh. It is further the case of prosecution that pursuant to receipt of said information a raid was conducted and the police was able to apprehend Jaswinder Singh @ Laddi and from whose possession 770 tablets of 'Tramadol' were recovered. Learned counsel for the petitioner submits that the petitioner was never ever arrested at the spot and that he has been involved on the basis of alleged secret information only, which does not have any basis and that there is no evidence worth credence to connect him with the alleged recovery effected from co-accused Jaswinder Singh @ Laddi. Notice of motion for 5.1.2022.

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 Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C." 3.

The learned State counsel, upon instructions from ASI Bant Singh, has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation and that his custodial interrogation is not required. It has however, been informed that the petitioner stands involved in one more case.

4.

Having regard to the nature of allegations and the fact that the petitioner has already joined investigation and his custodial interrogation is not required, the petition is accepted and the interim

- 3 - directions issued by this Court vide order dated 17.8.2021 are hereby made absolute subject to the condition that the 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.

05.1.2022 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No