Amrik Singh @ Kala v. State Of Punjab


 


 

  
   


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1  $  $ 09.04.2024 Cantt Bathinda, District Bathinda 21(A) of NDPS Act, 1985 and Section 52 of Prisons Act, 1894 3 4 $ $ #          

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 #6     4.

Per contra, learned State counsel has argued that there are specific and serious allegations against the petitioner. He is a habitual offender who was already in custody in another case bearing FIR No. 5 of 2024 registered under the provisions of NDPS Act. In connivance with himself, his wife and co-accused had made an attempt to deliver three grams of contraband i.e. heroin to him. His custodial interrogation is required for thorough investigation of the matter by the police. ' "  



  #6    5.

The petitioner had been directed to join the investigation vide

order dated 13.06.2024 and the following order was passed:- "XXX XXX Meanwhile, the petitioner is directed to appear before the Arresting/Investigating Officer and join the investigation and thereafter also as and when called upon to do so. In the event of arrest, the petitioner shall be released on interim bail subject to furnishing personal bond/surety bond to the satisfaction of Arresting/Investigating Officer. The petitioner shall abide by all the conditions as provided under Section 438 (2) Cr.P.C."

6.

It is submitted by learned State counsel that the petitioner has joined the investigation. It is also very fairly submitted that neither any recovery is to be effected nor his custodial interrogation is required. Keeping in view the facts as discussed above, I am of the considered opinion that the petition deserves to be allowed and the order dated 13.06.2024     

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