The High Court made absolute the interim pre-arrest bail granted to the petitioner in an NDPS case, noting he had joined the investigation and was no longer required for custodial interrogation, subject to conditions under Section 438(2) Cr.P.C.
Petition disposed of; pre-arrest bail made absolute subject to Section 438(2) Cr.P.C. conditions.
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216 2024:PHHC:044826 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-1401-2024 Date of decision : 03.04.2024
SARVAN
....Petitioner
Versus
STATE OF PUNJAB
....Respondent
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present : Mr. Ritesh Pandey, Advocate for the petitioner.
Mr. Tarun Aggarwal, Sr. DAG, Punjab.
PANKAJ JAIN, J. (ORAL)
On 11.01.2024, the following order was passed :-
“Apprehending his arrest in FIR No.74 dated 29.05.2023 registered for offence punishable under Sections 21, 27(A) and Section 29 (added later on) of N.D.P.S. Act at P.S. Ghuman District Batala, the petitioner has preferred this petition under Section 438 Cr.P.C. seeking pre-arrest bail.
Inter alia submits that the petitioner along with coaccused Palwinder Singh have been nominated on the basis of disclosure made by Anmolpreet Singh who was apprehended and found to be in conscious possession of 50 gm of heroin. Further submits that the petitioner has clean antecedents and relies upon the judgment of Apex Court in Tofan Singh vs. State of Tamil Nadu, (2021) 4 SCC 1 .
Notice of motion
On the asking of the Court, Mr. Tarun Aggarwal, Sr. D.A.G., Punjab accepts notice on behalf of the respondent. Adjourned to 03.04.2024.
In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal and surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. As and when called, the petitioner shall join the investigation. He shall abide by the conditions enumerated under Section 438(2) of the Cr.P.C.”
Deepak Kumar 2024.04.03 18:01 I attest to the accuracy and integrity of this document
CRM-M-1401-2024
-2
2024:PHHC:044826
| April 03, 2024 | (Pankaj Jain) |
|---|---|
| Dpr | Judge |
| Whether speaking/reasoned | : Yes/No |
| Whether reportable | : Yes/No |
Deepak Kumar 2024.04.03 18:01 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail in an NDPS case based on clean antecedents and lack of custodial need?
Colour shows how this judgement treated each authority
Tofan Singh vs. State of Tamil NaduReferred
Tofan Singh vs. State of Tamil Nadu, (2021) 4 SCC 1 · Who else cites this
4 provisions across 2 enactments
Sarvan
State of Punjab
Pankaj Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
