Lovepreet Singh @ Lavi v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:20.07.2021 Lovepreet Singh @ Lavi ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Parvez Chugh, Advocate for the petitioner.

Mr. Sandeep Singh Deol, DAG, Punjab.

SUVIR SEHGAL, J. (Oral) The Court has been convened through video conferencing due to Covid-19 pandemic.

Through the instant petition, the petitioner seeks anticipatory bail in case FIR No.122 dated 03.10.2020 registered under Sections 21, 25, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act") (Sections 61 and 85 of NDPS Act have wrongly been mentioned in the petition) and Section 25 of Arms Act, at Police Station Special Task Force, District STF Wing (offences under Sections 25 and 29 of NDPS Act, were added later on).

On 21.12.2020, this Court passed the following order:- "The Court has been convened through video conferencing due

{2} to Covid-19 pandemic.

Status report by way of affidavit of DSP (Special Task Force) Range Ferozepur has been filed on behalf of the respondentState. Counsel for the petitioner has argued that the petitioner has been falsely involved in the case, which is apparent from the fact that no recovery was effected from him. According to the counsel, 265 grams of heroin was recovered from co-accusedSikandar, who has named the petitioner in his disclosure statement, which is inadmissible in evidence. Still further, it is the contention of the counsel that two FIRs were registered pertaining to the same incident and after enquiry the DSP (PBI) vide report, Annexure P-3, has found the petitioner to be innocent in the second FIR bearing No.173 dated 03.10.2020, Annexure P-2.

List on 25.03.2021.

Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438(2) Cr.P.C." Learned State counsel, on instructions from SI Sukhwinder Singh submits that the petitioner has joined investigation and is no longer

{3} required for custodial interrogation. He has further instructions to submit that the petitioner is not involved in any other case registered under the provisions of NDPS Act.

In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated 21.12.2020 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

(SUVIR SEHGAL) JUDGE July 20, 2021 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No