Gulzar Singh vs State of Punjab

Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case

FIR No.261 dated 21.08.2018, registered at Police station City Rajpura, District Patiala, under Section 15 of the Narcotic Drugs and

Psychotropic Substances Act, 1985.

Notice of motion was issued in this case. Learned State counsel has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioner as well as learned State counsel and gone through the record.

From the record, I find that as per the allegations of prosecution, 18 kgs of poppy husk was recovered from a bag lying on a scooter which was

parked in front of the shop of the petitioner.

In pursuance of the interim order dated 17.09.2018 passed by this Court, the petitioner has already joined the investigation. He is not required for

custodial interrogation. Recovery effected in the present case falls in non-commercial quantity. Nothing is to be recovered from the petitioner.

Therefore, no useful purpose will be served by sending him to custody.

Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any

opinion on the merits of the case, I find merit in this petition and the same is allowed. The order dated 17.09.2018, granting interim bail to the petitioner,

is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438

(2) Cr.P.C.