Ranjeet Singh @ Ranjit Singh v. State Of Punjab

CRM-M-35951-2022

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH CRM-M-35951-2022 Date of decision:28.09.2022 Ranjeet Singh alias Ranjit Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR.JUSTICE VIKAS BAHL

Present:

Mr. Supreet Singh, Advocate for Mr. P.S. Dhaliwal, Advocate for the petitioner. Mr. Tarun Aggarwal, Sr. DAG, Punjab.

******* VIKAS BAHL, J. (ORAL) This is a first petition under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case bearing FIR No.104 dated 17.07.2022 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sangat, District Bathinda.

On 16.08.2022, this Court was pleased to pass the following order:- "Learned counsel for the petitioner inter alia contends that in the present case, although, the petitioner was named in the secret information but neither the petitioner was apprehended alongwith vehicle bearing registration No.PB30R3486 nor any recovery has been effected from him. It is further submitted that even the alleged recovery of 40 kg of poppy husk which has allegedly been recovered from the vehicle bearing registration No.PB30R3486, is of noncommercial quantity and thus, bar under Section 37 of the NDPS Act would not apply. It is contended that the petitioner is not the owner of the said vehicle and it is Gurraj Singh, who is the owner of the said vehicle as per website showing ownership of the said vehicle.

Notice of motion for 28.09.2022.

In the meantime, in the event of arrest, the petitioner ISHWAR SINGH GARHWAL 2022.10.01 12:15 I attest to the accuracy and authenticity of this document

CRM-M-35951-2022 shall be released on interim bail subject to his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C.

(VIKAS BAHL) 16.08.2022 JUDGE"

Learned counsel for the petitioner has submitted that in pursuance of the said order, the petitioner has joined the investigation. Learned State counsel, on instructions from ASI Gurdit Singh, has submitted that the petitioner has joined investigation and is not required for further investigation.

Keeping in view the above said facts and circumstances moreso, the facts which have been noticed in the order dated 16.08.2022, and also the fact that the petitioner has joined the investigation and is not required for further investigation, the present petition is allowed and the interim order dated 16.08.2022 is made absolute. Nothing stated above shall be construed as an expression of opinion on the merits of the case and the trial would proceed independently of the observations made in the present case which are only for the purpose of adjudicating the present bail petition.

(VIKAS BAHL) JUDGE 28.09.2022 ishwar Whether speaking / reasoned Yes/No Whether reportable Yes/No ISHWAR SINGH GARHWAL 2022.10.01 12:15 I attest to the accuracy and authenticity of this document