High Court of Punjab and HaryanaCRM-M/34463/2020allowed

Lakhveer Singh @ Lakhi v. State Of Punjab

2020-12-03Mr. Justice Anupinder Singh Grewal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-34463-2020(O&M) DATE OF DECISION: 03.12.2020 LAKHVEER SINGH @ LAKHI ... Petitioner(s)

Versus

STATE OF PUNJAB ... Respondent(s) CORAM: HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL

Present:

Mr. Yashapal Thakur, Advocate for the petitioner. Mr. Dhruv Dayal, Senior DAG, Punjab.

**** ANUPINDER SINGH GREWAL, J. (ORAL) Heard through video conferencing.

The petitioner is seeking anticipatory bail in FIR No.270 dated 10.09.2020, under Sections 15/18/25/61/85 of the NDPS Act, registered at Police Station Sirhind, district Fatehgarh Sahib. Learned counsel for the petitioner contends that it is alleged in the FIR that a truck carrying 02 quintals of poppy husk and 150 grams of opium was apprehended and 03 co-accused were arrested at the spot. The petitioner has been arraigned as an accused as it is alleged that he had got down from the truck at a previous point which was disclosed by the coaccused who was arrested at the spot. He also contends that the petitioner is involved in two other cases wherein non-commercial quantity of poppy husk was allegedly recovered from him.

CRM-M-34463-2020(O&M) This Court, by the order dated 29.10.2020, had directed petitioner to appear before the Investigating Officer and join the investigation and in the event of his arrest, he was to be released on ad-interim bail to the satisfaction of the Investigating/Arresting Officer, subject to the conditions envisaged under Section 438(2) Cr.P.C.

Learned State counsel upon instructions from ASI Balwinder Singh contends that that although the petitioner has joined investigation but he is not cooperating therein.

In view of the submissions of learned counsel for the petitioner, especially when the only material against the petitioner is the disclosure statement of the co-accused and he having joined investigation, the order dated 29.10.2020 granting interim bail to the petitioner is made absolute. However, petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join investigation as and when called upon to do so.

The petition stands disposed of.

(ANUPINDER SINGH GREWAL) JUDGE 03.12.2020 SwarnjitS Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No