Harmail Singh v. State Of Punjab

[208]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision : 21.02.2024 Harmail Singh

...Petitioner

versus State of Punjab ....Respondent Coram :

HON'BLE MR. JUSTICE DEEPAK GUPTA Present :

Mr. Ashish Gupta, Advocate for the petitioner. Mr. Amandeep Singh Sandhu, DAG, Punjab.

*** DEEPAK GUPTA, J. (ORAL) [1] Status report by way of affidavit dated 20.02.2024 of Shri Dalbir Singh, PPS, Deputy Superintendent of Police, Baghapurana, District Moga, on behalf of the respondent-State has been filed in Court today. The same is taken on record. Copy thereof has been supplied to learned counsel opposite.

[2] On 09.01.2024, the following order was passed by this Court:- " Present:

Mr. Ashish Gupta, Advocate for the petitioner. Ms. Kanica Sachdeva, AAG, Punjab.

***** By way of present petition filed under Section 438 Cr.P.C., petitioner prays for grant of anticipatory bail in case FIR No.0207 dated 18.09.2022 registered under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985) (for short, `the NDPS Act') (Section 29 of the NDPS Act added later on) at Police Station Baghapurana, District Moga.

As per allegations, 195 loose intoxicant tablets containing the salt of Tramadol Hydrochloride weighing 71.56 grams were recovered from co-accused Jobanpreet Singh @ Zoma and Rajwinder Singh @ Vicky, who nominated the petitioner to be the supplier.

-2Learned counsel for the petitioner contends that the petitioner has been falsely implicated; that no recovery was effected from him; that the main accused from whom the recovery was effected has already been allowed bail; and that the petitioner is ready to join the investigation.

On instructions from ASI Baljinder Singh, learned State Counsel by pointing out towards the reply filed by the respondent- State, opposed the bail petition by submitting that petitioner has criminal antecedents as he is involved in three other cases pertaining to the NDPS Act apart from other cases.

In reply to the afore-said submission of learned State Counsel, learned counsel for the petitioner submits that in one of the case bearing FIR No.02 dated 02.01.2011 registered under Sections 21/22 of the NDPS Act at Police Station Sadar Moga, untraced report has been filed wherein in other two cases, the petitioner is on bail. Adjourned to 21.02.2024 for filing latest status report specifying as to whether any incriminating material has been collected against the petitioner during investigation or not. Having regard to the afore-said circumstances and the fact that no recovery was effected from the petitioner, in the meantime, in case of his arrest, the petitioner shall be released on interim bail subject to the satisfaction of the Arresting Officer/ Investigating Officer.

However, it is further directed that the petitioner shall join the investigation as and when so required by the Investigating Officer. He shall not contact any person associated with the case to dissuade him from the investigation in any manner whatsoever and nor shall leave the country without prior permission of the Court. He shall further comply with the conditions stipulated in Section 438(2) Cr.P.C.

[3] Today, learned State Counsel, on instructions from ASI Binderpal, has informed this Court that the petitioner has joined the investigation, in compliance of the order dated 09.01.2024 and is no longer required for further investigation. [4] In view of the aforesaid, the order dated 09.01.2024, whereby the petitioner was granted interim anticipatory bail, is hereby made

-3absolute. However, he shall continue to join investigation, if and so required by the Investigating Officer.

[5] Disposed of.

(DEEPAK GUPTA) JUDGE 21.02.2024 'Rajneesh'

Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No