Bholi vs State Of Punjab

Anupinder Singh Grewal, J

Case taken up through video conferencing.

The petitioner is seeking anticipatory bail in FIR No.313 dated 12.11.2020, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Dinanagar, District Gurdaspur.

Learned counsel for the petitioner contends that the petitioner is not named in the FIR and has been arraigned as an accused on the statement of co-accused Jodh Lal @ Jodha from whom 70 grams of heroin was recovered. He also contends that the petitioner is being involved only because there are other cases registered against her in which she is on bail. He also contends that besides the statement of co-accused there is no prima facie material which would connect the petitioner with the alleged commission of offence. The petitioner is a 52 year old lady. He further contends that the petitioner had earlier been granted ad interim bail by the Special Court and had joined investigation, but her petition was dismissed only because of registration of other FIRs.

This Court, by the order dated 19.02.2021, had directed the petitioner to appear before the Investigating Officer and join the investigation and in the event of her arrest, she was ordered to be released on ad-interim bail to the satisfaction of the Investigating/Arresting Officer, subject to the conditions envisaged under Section 438(2) Cr.P.C.

Learned State counsel, on instructions from Sub Inspector Daljit Singh, states that the petitioner has joined investigation.

In view of the above and the petitioner having joined investigation, the order dated 19.02.2021 granting interim bail to the petitioner is made absolute.

However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. She shall also join investigation as and when called upon to do so.

The petition stands disposed of.