Iqbaldeep Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-33457-2021 (O&M) Date of Decision:-7.12.2021 Iqbaldeep Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Suneet Pal Singh Aulakh, Advocate for the petitioner. Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by ASI Kulwinder 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.66 dated 25.7.2021 at Police Station Badali Alla Singh, District Fatehgarh Sahib, Punjab under Section 18 of Narcotic Drugs & Psychotropic Substances Act, wherein offence under Section 29 of NDPS Act was added later on.

2.

At the time of issuance of notice of motion on 18.8.2021, the following order was passed:

"Learned counsel for the petitioner submits that pursuant to receipt of a secret information against Manvinder Singh and Hardeep Singh to the effect that they indulged in peddling of 'opium', the police was able to nab the said two persons and from whose possession 1 kg. of 'opium' was recovered.

Learned counsel for the petitioner submits that the petitioner is nowhere named in the FIR and nor any recovery was ever effected PANKAJ KAKKAR 2021.12.07 16:07 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-33457-2021 (O&M) from him and that he has been subsequently nominated as an accused on the basis of a disclosure statement allegedly made by the other two co-accused, which would hardly carry any evidentiary value.

Notice of motion for 7.12.2021.

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

3.

Learned State counsel, upon instructions, has informed that the petitioner happens to be involved in 3 other cases pertaining to offences under Indian Penal Code. It has also been informed that the petitioner pursuant to interim directions, has already joined investigation and is not required for any custodial interrogation.

4.

Having regard to the aforesaid position, wherein the petitioner is stated to have joined investigation and is not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 18.8.2021 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. 7.12.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.12.07 16:07 I attest to the accuracy and integrity of this document