High CourtsSingle Bench

Bahadur Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 14 January 2021 · Citation: (2021) 01 P&H CK 0180

HON’BLE JUDGES
Gurvinder Singh Gill, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotroic Substantes Act, 1985 — Section 15 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 26838 Of 2020 (O&M)
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Judgment

16 paragraphs · 274 words

Gurvinder Singh Gill, J

1.

The petitioner seeks grant of anticipatory bail in a case registered vide FIR No.38, dated 23.3.2020, Police Station Sadar Samana, District Patiala,

under Section 15 of NDPS Act.

2.

At the time of issuance of notice of motion on 9.9.2020, the following order was passed :-

“The learned counsel for the petitioner submits that the prosecution alleges that 7 Kilograms of 'green poppy plants' were recovered from the fields

of petitioner, whereas there is no such evidence to the effect that the fields in question were owned by the petitioner. It has further been submitted

that the petitioner, in any case, was never apprehended at the spot.

Notice of motion for 14.1.2021.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction

of Arresting/Investigating Officer. However, the petitioner shall join the 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.â€​

3.

Learned State counsel upon instructions from ASI Harwinder Singh has informed that pursuant to interim dirctions, the petitioner has joined

investigation and he is not required for any custodial interrogation.

4.

In view of the aforestated position, the petition is accepted and the interim directions issued vide order dated 9.9.2020 are hereby made absolute

subject to the condition that the petitioner shall appear and join investigation as and when called upon to do so and cooperate with the Investigating

Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C.