Katha Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-15.11.2022 Katha Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Saksham Malhotra, Advocate for Mr. Sahil Puri, Advocate for the petitioner.

Mr. Siddharth Attri, AAG, Punjab, assisted by ASI Balvinder Singh.

***** GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.107 dated 30.5.2022, Police Station Sultanpur Lodhi, District Kapurthala, under Sections 22, 29, 61, 85 of Narcotic Drugs and Psychotropic Substances Act. 2.

At the time of issuance of notice of motion, the following order was passed on 22.8.2022:

"The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against him vide FIR No.107 dated 30.5.2022, Police Station Sultanpur Lodhi, District Kapurthala, under Sections 22, 29, 61, 85 of NDPS Act.

( 2 ) The case of the prosecution is that on 30.5.2022, the police party, during the course of patrolling apprehended one Amarjit Singh who was found in possession of 315 grams of intoxicating powder which later on was found to be Alprazolam. It is further the case of prosecution that during the course of interrogation said Amarjit Singh disclosed that he had procured the said contraband from the petitioner.

Learned counsel for the petitioner has submitted that he has falsely been implicated in the present case and that he is a person aged about 76 years having several ailments and has an absolutely clean record and is not involved in any other case under NDPS Act. Notice of motion for 15.11.2022.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."

3.

Learned State counsel, upon instructions from ASI Balvinder Singh, has informed that pursuant to interim directions, the petitioner has since joined investigation and he is not required for any custodial interrogation. Learned State counsel has informed that the petitioner is not involved in any other case.

4.

Having regard to the aforestated position, wherein the petitioner is stated to have joined investigation and is not required for any custodial interrogation and he is not stated to be involved in any other case, the petition is accepted and the interim directions issued by this Court vide order dated 22.8.2022 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the

( 3 ) Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C.

15.11.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No