Sita Kaur vs State Of Punjab

Anupinder Singh Grewal, J

The petitioner is seeking anticipatory bail in FIR No. 0163 dated 12.12.2020, under Section 22 of the Narcotic Drugs and Psychotropic Substances

Act, 1985 ('NDPS Act' - for short) (Section 29 of the NDPS Act added later on), registered at Police Station Special Task Force, District STF Wing.

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 Bagga Singh, who is her father-in-law from whom Tramadol tablets of commercial quantity were allegedly recovered. He also contends that

the petitioner is 24 year old lady with a two year old child and not involved in any other case under the NDPS Act. He also contends that besides the

statement of co-accused, there is no material which would connect the petitioner with the commission of offence.

This Court, by order dated 23.03.2021 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 has filed reply by way of an affidavit of Deputy Superintendent of Police, STF Patiala Range, Patiala in Court wherein it is

stated that co-accused Bagga Singh had disclosed that the petitioner had got these tablets from co-accused Amrit Pal Singh and there are call details

between the petitioner and Amrit Pal Singh. The arrest of co-accused Amrit Pal Singh has been stayed by this Court. He, upon instructions from SI

Gurinder Singh, states that the petitioner has joined investigation.

In view of the above especially when the petitioner is 24 year old lady with a minor child, she has been arraigned as an accused on the statement of

co-accused, she is not involved in any other case under the NDPS Act and she having joined investigation, the Covid-19 Pandemic, the order dated

23.03.2021 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.