High Court amended ad interim anticipatory bail granted earlier to the petitioner in an NDPS case to absolute bail after state counsel confirmed the petitioner cooperated with investigation and custodial interrogation was unnecessary.
Order dated 25.03.2021 made absolute granting anticipatory bail subject to conditions under Section 438(2) CrPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
201 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-13739-2021 Date of Decision : 27.07.2021
Gurvinder Singh
…Petitioner
Versus
State of Punjab ….Respondent
Coram : Hon’ble Mr. Justice B.S. Walia
Present : None for the petitioner.
Mr. Sukhbeer Singh, AAG, Punjab.
B.S. Walia, J. (VC)
“ Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in the case at the behest of the police and the co-accused Jagwinder Singh @ Jaggi; there is no other criminal case against the petitioner; even if the case of the prosecution is taken as the gospel truth, though vehemently denied, two grams heroin was allegedly recovered from co-accused Jagwinder Singh @ Jaggi, which is classified as “small quantity” under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short – the NDPS Act); no recovery has been made from the petitioner; co-accused Jagwinder Singh @ Jaggi from whom the alleged recovery is made has been granted regular bail by the Trial Court and that the
SAPNA GOYAL 2021.07.28 14:07 I attest to the accuracy and integrity of this document
[2]
CRM-M-13739-2021
petitioner is ready and willing to join the investigation as and when called by the investigating agency.
Notice of motion.
Mr. Sandeep Kumar, DAG, Punjab accepts notice on behalf of the respondent-State.
For arguments, adjourned to 27.07.2021.
In the meanwhile subject to the petitioner's joining investigation as and when called by the investigating agency as also abiding by the other conditions provided under Section 438 (2) Cr.P.C, in the event of his arrest in FIR No.0023 dated 01.03.2021 under Section 21 of the NDPS Act registered at Police Station Sandaur, district Sangrur, he shall be released on ad interim anticipatory bail to the satisfaction of the Arresting Officer.”
(B.S. Walia) Judge
27.07.2021 Spn
Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No
SAPNA GOYAL 2021.07.28 14:07 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether ad interim anticipatory bail granted on 25.03.2021 should be made absolute after the petitioner joined the investigation.
3 provisions across 2 enactments
Gurvinder Singh
State of Punjab
B.S. Walia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
