Yogesh Kumar v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 14.08.2024 Yogesh Kumar .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Gaurav, Advocate for Mr. L.S.Sekhon, Advocate, for the petitioner. Mr. Siddharth Attri, AAG, Punjab, assisted by ASI Daler Singh.

***** FIR NO.

DATE POLICE STATION OFFENCES 168 06.10.2023 City-I Mansa, District Mansa 22-C and 29 of NDPS Act GURVINDER SINGH GILL , J . (Oral) 1.

The instant petition has been filed on behalf of the petitioner seeking grant of anticipatory bail in respect of aforementioned FIR. 2.

At the time of issuance of interim bail the following order was passed on 17.11.2023:

- 2 - "Instant petition has been filed under Section 438, Cr.P.C., for grant of anticipatory bail in:- FIR No.

Dated Police Station Secion(s) 06.10.2023 City I, Mansa District Mansa 22-C and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act"

Counsel for the petitioner submits that recovery of 14 vials of Wincirex and 280 tablets of Carisoprodol, has been effected from co-accused, Nadeem Khan and Anish Khan. He further submits that petitioner has been arraigned as an accused on the basis of disclosure statement of the coaccused on the allegation that the petitioner is the supplier. Counsel submits that although petitioner has been involved in 3 other criminal cases under the NDPS Act, but he has been acquitted in two of them. It is his argument that the FSL report is awaited and it is yet to be determined whether the offence under the NDPS Act is made out.

Notice of motion.

On asking of the Court, Mr. Arun Luthra, DAG, Punjab, accepts notice on behalf of the respondent-State. List on 23.02.2024.

Petitioner is directed to appear before the Investigating Officer on 30.11.2023 at 10.00 A.M. at Police Station City I, Mansa, District Mansa, and join the investigation and appear as and when called by the Investigating Officer. In the event of arrest, he shall be admitted to interim bail on furnishing personal and surety bonds to the satisfaction of

- 3 - Arresting/Investigating Officer. He shall also abide by the conditions as specified under Section 438 (2) Cr.P.C." 3.

Learned State counsel has submitted that the petitioner has joined investigation and is not required for any custodial interrogation. 4.

In view of the aforestated position wherein the petitioner has joined investigation and he is not stated to be required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 17.11.2023 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when 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.

14.08.2024 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No