Balwinder Singh v. State Of Punjab

106 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-50708-2023 Date of Decision: October 07, 2023 Balwinder Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Rohit Lubana, Advocate for the petitioner. DEEPAK GUPTA , J.(Oral) Prayer in this petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail in case FIR No.199, dated 01.12.2022, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'), registered at Police Station Macchiwara, District Ludhiana.

Allegations are that 100 Kg. of poppy husk was recovered from one Jasdev Singh carried in a car. Said car is registered in the name of Simranjit Kaur. During disclosure statement, Jasdev Singh disclosed that he owned a truck on which petitioner was a driver and said petitioner used to bring contraband from Madhya Pradesh and unload it at a dhaba. Learned counsel for the petitioner contends that the petitioner is not named in the FIR; that no recovery was effected from him; that the case against him is based upon the disclosure statement and that the petitioner is ready to join the investigation. Notice of motion.

Mr. M.S. Nagra, AAG, Punjab accepts notice on behalf of respondent-State.

SARITA RANI 2023.10.06 18:13 I attest to the accuracy and integrity of this document/order

CRM-M-50708-2023 -2 - Learned State counsel has drawn attention towards para No.13 of the petition, revealing that the petitioner is involved in one more case of the similar nature i.e. NDPS Act registered at Police Station Udhampur, Jammu.

Considering the criminal antecedent of the petitioner, his custodial interrogation may be necessary to know the origin of the contraband.

Dismissed.

October 07, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable:

Yes/No SARITA RANI 2023.10.06 18:13 I attest to the accuracy and integrity of this document/order