Yugraj Singh v. State Of Punjab









 

 







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1. Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioner seeks the concession of pre-arrest bail, in case FIR No.59 dated 22.06.2024, under Section 21 of the N.D.P.S. Act (Section 29 of the N.D.P.S. Act added subsequently), registered at P.S. Fatehgarh Churian, Police District Batala, District Gurdaspur.

2. The learned counsel for the petitioner submits that neither the name of the petitioner reflects in the FIR, nor any role whatsoever has been assigned to him therein. The only piece of evidence, which constitutes the bedrock for the investigating agency to arrest the petitioner, is the disclosure statement of co-accused Vishal Masih, from whom 06 grams heroin was recovered. Except the disclosure statement of co-accused (supra) that he had procured the recovered contraband

 from the petitioner, there is no other cogent evidence on record to substantiate the allegation that it was the petitioner, who had supplied the allegedly recovered contraband. Moreover, the allegedly recovered contraband is marginally higher than the prescribed "small quantity".

3. Lastly, the learned counsel for the petitioner submits that, although the petitioner is involved in two more criminal cases, however, none of them pertains to N.D.P.S. Act.

4. Notice of motion for 04.09.2024.

5. Mr. Pardeep Bajaj, D.A.G., Punjab, accepts notice on behalf of respondent-State of Punjab.

6. In the meantime, the petitioner is directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C.4
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