Davinderjit Kaur Sohal Alias Davinderjit Kaur And Others v. State Of Punjab

210 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-55820-2022 Date of Decision: October 09, 2023 Davinderjit Kaur Sohal @ Davinderjit Kaur and others

...Petitioners

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Raman Kumar, Advocate for Mr. Rajiv K. Kapila, Advocate for the petitioners. Mr. R.S. Khaira, DAG, Punjab.

DEEPAK GUPTA , J.(Oral) On 01.12.2022, following order was passed by this Court:- "The petitioners seek grant of anticipatory bail in respect of a case registered vide FIR No.0209, dated 15.11.2022, Police Station Garhshankar, District Hoshiarpur, under Sections 15, 18, 21, 22 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985. The FIR was lodged by the police pursuant to receipt of secret information to the effect that the petitioners as well as another 111 persons, who are all named (total 120 persons) in the FIR, indulged in drug trafficking and were selling heroin, poppy husk, smack, intoxicant tablets etc. since long in the surrounding area, which adversely affected the society.

Learned counsel for the petitioners submitted that a false FIR has been lodged by the police on the basis of alleged secret information, wherein as many as 120 persons have been named, solely on the basis of secret information in order to harass the petitioners and others. It has further been submitted that no recovery whatsoever was ever effected from the petitioners or were found involved in any offence.

Notice of motion for 1.5.2023.

Meanwhile, in the event of arrest, the petitioners be released on interim bail subject to their furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioners shall join the investigation as and when SARITA RANI 2023.10.09 18:07 I attest to the accuracy and integrity of this document/order

CRM-M-55820-2022 - 2 - called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C."

On instructions from Inspector Kuldeep Singh, statement is made by learned State counsel that except petitioner Nos.3, 4 and 7, other petitioners have already joined the investigation. In view of the aforesaid statement, present petition qua petitioner No.3-Neelam, petitioner No.4-Pardeep Kuamr and petitioner No.7-Kamaljit Kaur W/o Roshan Lal, is hereby dismissed for not making compliance of the order 01.12.2022 passed by this Court; whereas the said order is made absolute qua petitioner No.1-Davinderjit Kaur Sohal @ Davinderjit Kaur, petitioner No.2-Jaswinder Kaur, petitioner No.5-Satish Kumar, petitioner No.6-Kamaljit Kaur W/o Husan Lal, petitioner No.8Santoksh Singh and petitioner No.9-Disho. However, they shall continue to join investigation, if and so required by the Investigating Officer. Disposed of.

October 09, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable:

Yes/No SARITA RANI 2023.10.09 18:07 I attest to the accuracy and integrity of this document/order