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High Court of Punjab and HaryanaCRM-M/51448/2023allowed

Jagdeep Singh v. State Of Punjab

2024-02-05Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:015044 CRM-M-51448-2023 Date of decision: February 5th, 2024 Jagdeep Singh .....Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Sartaj Singh Gill, Advocate for the petitioners.

Mr. Mohit Kapoor, Additional Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) The petitioner is seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.87 dated 15.09.2023 under Section 22 of the NDPS Act, registered at Police Station Garhdiwala, District Hoshiarpur.

2.

Vide order dated 10.10.2023, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel for the petitioner submits that a secret information was received qua co-accused Talwinder Singh @ Tota and Jatinder Singh @ Billa and thereafter, recovery of 200 grams of intoxicant powder and 14 Buprenorphine injections was effected from accused Talwinder Singh @ Tota. The petitioner thereafter came to be nominated as an accused on the basis of an alleged disclosure statement suffered by coaccused Talwinder Singh @ Tota. Learned ocunsel submits that the evidentiary value of such disclosure statement is very weak and all this needs to be PUNEET SACHDEVA 2024.02.05 16:59 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-51448-2023 -2appreciated in the light of the petitioner not being involved in any other case much less under the NDPS Act."

3.

Learned counsel for the petitioner submits that in compliance of order dated 10.10.2023, the petitioner has joined investigation and cooperated with the investigating agency. 4.

Learned State counsel, on instructions from S.I. Parvinder Singh, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He on further instructions submits that the petitioner is not required for further investigation much less for his custodial interrogation. 5.

In view of the above, the petition is allowed and interim order dated 10.10.2023, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

February 5th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.02.05 16:59 I attest to the accuracy and integrity of this document.

Chandigarh