High CourtsSingle Bench

Kamaljit Singh Alias Gola vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 21 December 2020 · Citation: (2020) 12 P&H CK 0347

HON’BLE JUDGES
Harnaresh Singh Gill, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotroic Substantes Act, 1985 — Section 15 · Indian Penal Code, 1860 — Section 420, 465, 468, 471 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 37439 Of 2020
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Judgment

26 paragraphs · 422 words

Harnaresh Singh Gill, J

Case is taken up for hearing through video conferencing.

Through this petition, the petitioner seeks anticipatory bail in case bearing FIR No138 dated 30.08.2019, registered at Police Station Nihal Singh Wala,

District Moga, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 Act and Sections 420, 465, 468 and 471 IPC (added

subsequently vide DDR No.40 dated 05.09.2020).

This Court, on 16.11.2020, passed the following order:

“Case is taken up for hearing through video conferencing.

Through this petition, the petitioner seeks anticipatory bail in case FIR No138 dated 30.08.2019, registered at Police Station Nihal Singh Wala, District

Moga, under Section 15 of NDPS Act and Sections 420, 465, 468 and 471 IPC (added subsequently vide DDR No.40 dated 05.09.2020).

Learned counsel for the petitioner submits that the petitioner is not named in the FIR and he has no role to play in the commission of the alleged

offence and being a stamp vendor, he has only issued a stamp paper in favour of one Gurdev Singh; and that Suresh Goyal, notary public, has since

been granted the benefit of anticipatory bail by this Court vide order dated 05.11.2020 passed in CRM-M-28838-2020.

Notice of motion.

On the asking of this Court, Mr. B.S.Sewak, Addl. A. G.

Punjab, accepts notice on behalf of the respondent-State, and submits that the petitioner has issued the stamp paper on back date for preparing a lease

deed in the name of driver to release the truck.

Adjourned to 21.12.2020.

Meanwhile, the petitioner is directed to join the investigation and if he is sought to be arrested, he shall be released on interim bail to the satisfaction of

Investigating Officer/Arresting Officer subject to the conditions as envisaged in Section 438 (2) of the Code of Criminal Procedure, and further

subject to the condition that he will produce the stamp register maintained by him before the Investigating Officer.â€​

Learned counsel for the petitioner submits that pursuant to the order dated 16.11.2020 passed by this Court, the petitioner has joined the investigation

and produced the stamp paper register maintained by him before the Investigating Officer.

Learned State counsel, on instructions from ASI Beant Singh, submits that the petitioner has joined the investigation and is now not required for any

further investigation.

In view of the above, without commenting on the merits of the case, the present petition is allowed and the order dated 16.11.2020 granting interim bail

to the petitioner, is made absolute, subject to the conditions laid down in Section 438 (2) Cr.P.C.