Gurpreet Singh vs State of Punjab

Ram Chand Gupta, J.—The present petition filed u/s 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No. 70, dated

17.8.2012, u/s 58 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and under Sections 193, 195, 196, 211, 120-B IPC,

registered at Police Station Dharamgarh, District Sangrur. I have heard Learned Counsel for the parties and have gone through the whole record

carefully.

This Court passed the following order on 30.10.2012:

CRM No. 54403 of 2012

Application is allowed subject to all just exceptions.

CRM No. 28307 of 2012

Heard.

Contends that investigation was already completed in FIR no. 30, dated 24.2.2011, u/s 21 of Narcotic Drugs and Psychotropic Substances Act,

1985 (for short ''NDPS Act''), registered at police Station Dharamgarh in which present petitioner was an eye-witness and report u/s 173 Cr.P.C.

was also filed citing present petitioner as witness. It is further contended that charge was framed in the said case against accused-Sukhchain Singh

@ Chain and evidence was also recorded and the case was fixed for defence and arguments when supplementary report was filed u/s 173(8)

Cr.P.C. implicating petitioner as an accused and, however, no summoning order against petitioner was passed by learned trial Court on the basis

of said report. It is further contended that however another FIR No. 70 dated 17.8.2012, u/s 58 of the NDPS Act and Sections

193/195/196/211/120B IPC has been registered against the petitioner.

These facts have not been disputed by learned State counsel. He has also stated that petitioner be directed to join the investigation.

Hence, petitioner is directed to join the investigation on 15.11.2012 at 10.00 AM and thereafter as and when directed by the Investigating Officer

and in case of his arrest, he shall be released on interim bail to the satisfaction of the arresting officer subject to compliance of conditions specified

u/s 438(2) Cr.P.C.

Adjourned to 06.12.2012.

It has been stated by Learned Counsel for the petitioner that pursuant to the said order, the petitioner has already joined the investigation.

It has been stated by learned State counsel as well on instructions from ASI-Jeet Singh that the petitioner has joined the investigation and that he

is no more required for any custodial interrogation by the police.

There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true

facts in the Court, if released on bail.

In view of these facts and without expressing any opinion on the merits of the case, order dated 30.10.2012, granting interim bail to petitioner-

Gurpreet Singh, is, hereby made absolute subject to the compliance of conditions contained in Section 438(2) Cr.P.C. The present petition stands

disposed of accordingly.