High Court of Punjab and HaryanaCRM-M/40625/2019allowed

Amarjeet Singh v. State Of Punjab

2019-11-14Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-40625 of 2019 (O&M) Date of Decision: November 14, 2019 Amarjeet Singh

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr.Digvijay Nagpal, Advocate for the petitioner.

Ms.Monika Jalota, DAG, Punjab for the respondent-State.

**** HARINDER SINGH SIDHU, J.

Petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.126 dated 29.07.2018 under Section 22 of the NDPS Act, 1985, registered at Police Station Muktsar Sahib, District Sri Muktsar Sahib.

Notice of motion was issued. Learned State counsel appeared and contested the petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. As per allegations in the FIR, 620 intoxicant tablets (commercial quantity) containing salt 'Tramadol Hydrochloride' have been recovered from one Gurwinder Singh @ Gindi. The name of the petitioner VINEET GULATI 2019.11.18 13:21 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-40625 of 2019 -2has surfaced in the disclosure statement suffered by said Gurwinder Singh @ Gindi, who stated that he had procured the above-said intoxicant tablets from the petitioner.

Vide order dated 01.10.2019, interim bail was granted to the petitioner and he was directed to join the investigation. Learned State counsel, on instructions from ASI Sukhdev Singh, states that the petitioner has joined the investigation. As the petitioner's case comes within the ambit of Section 29 of the NDPS Act, therefore, bar under Section 37 of the NDPS Act is not attracted.

In view of the above, the present petition is allowed. The order dated 01.10.2019, granting interim bail to the petitioner, is made absolute. However, the petitioner shall join the investigation as and when called upon to do so by the Investigating Agency and shall abide by conditions of Sections 438(2) Cr.P.C.

November 14, 2019 (HARINDER SINGH SIDHU) Vgulati JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No VINEET GULATI 2019.11.18 13:21 I attest to the accuracy and authenticity of this document Chandigarh