Gurmeet Singh vs State of Punjab

Naresh Kumar Sanghi, J.—Prayer in this petition is for grant of anticipatory bail to the petitioner, Gurmeet Singh, who has been booked for having committed the offences punishable under Sections 22 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for brevity "NDPS Act") in a case arising out of FIR No. 49, dated 10.05.2013, registered at Police Station, Sadar, Kotkapura, District Faridkot. It is the case of the prosecution that petitioner''s son was on wheels at the relevant time and the contraband articles were recovered from the passengers of the car.

Learned counsel contends that since the vehicle owned by the petitioner was being run as taxi and the persons from whom the contraband articles were recovered had hired the vehicle of the petitioner to go to Moga from Kotkapura, therefore, the petitioner is not guilty.

Learned counsel for the State, on instructions from ASI Baldev Singh, Police Station, Sadar, Kotkapura, District Faridkot, very fairly concedes that no recovery was effected form the petitioner and even he was not present on the spot. He further submits that he being owner of the car has been indicted for the offence punishable u/s 25 of the NDPS Act.

Heard.

According to the submissions made by the learned counsel, the petitioner was plying his car as taxi and his son was the driver on the said car. Concededly, the petitioner was not present on the spot. The allegations qua the petitioner are yet to be substantiated.

Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed.

In the event of his arrest, the petitioner shall be released on anticipatory bail subject to his furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the arresting officer. The petitioner shall join the investigation as and when required to do so. He shall also abide by the conditions laid down in Section 438(2), Cr. P.C.