Anticipatory bail sought in an NDPS Act FIR where petitioner was nominated solely on a co-accused's disclosure statement. After he joined investigation and the State said custodial interrogation was unnecessary, interim bail granted earlier was made absolute with conditions under Section 438(2).
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In The High Court for the States of Punjab and Haryana At Chandigarh
CRM-M-15780-2024 (O&M) Date of Decision:- 13.09.2024
Lovepreet Singh alias Love alias Labhu
.... Petitioner
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:Mr. Dinesh Trehan, Advocate, for the petitioner (appeared through video conferencing).
Mr. Prabhdeep Singh Dhaliwal, AAG, Punjab.
| FIR NO. |
DATE | POLICE STATION | OFFENCES |
|---|---|---|---|
| 33 | 03.03.2024 | Sidhwan Bet, District Ludhiana Rural |
21/22/25 of NDPS Act (Sections 29/61/85 NDPS Act added later on) |
GURVINDER SINGH GILL, J . (Oral)
grant of anticipatory bail in respect of aforementioned FIR.
MOHAN SINGH 2024.09.13 13:56 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh
CRM-M-15780-2024 (O&M) - 2 -
“The petitioner seeks grant of anticipatory bail in respect of a case registered against him vide FIR No. 33 dated 03.03.2024, Police Station Sidhwan Bet, District Ludhiana Rural, under Sections 21/22/25 of the NDPS Act (Sections 29/61/85 of NDPS Act added later on).
As per the case of prosecution, on 03.03.2024 when a police party headed by ASI Sukhwinder Singh was patrolling in the area of Bus Stand, Tihara, then a secret informer furnished information that one Gagandeep Singh, who indulges in sale of Heroin and intoxicant tablets, was on his way to Bus Stand, Patti Multani on his motorcycle. Pursuant to receipt of said information barricades were laid and the police was able to apprehend the aforesaid Gagandeep, who was found to be carrying 900 intoxicant tablets and 4 grams of ‘Heroin’. It is further the case of prosecution that during the course of interrogation, he disclosed that he has purchased the aforesaid contraband from the petitioner.
Learned counsel submits that he was never ever found at the spot and nor any recovery was ever effected from him and came to be nominated as an accused solely on the basis of statement of co-accused Gagandeep Singh and that such like disclosure statement would not carry any evidentiary value.
Notice of motion for 10.09.2024.
Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the
MOHAN SINGH 2024.09.13 13:56 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh
CRM-M-15780-2024 (O&M) - 3 -
Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C.”
| 13.09.2024 Mohan |
(GURVIN | DER SINGH GILL) JUDGE |
|---|---|---|
| Whether speaking /reasoned | Yes / No | |
| Whether Reportable | Yes / No |
MOHAN SINGH 2024.09.13 13:56 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner accused on the basis of a co-accused's disclosure statement in an NDPS FIR, given he joined investigation and is not required for custodia
3 provisions across 2 enactments
Lovepreet Singh alias Love alias Labhu
State of Punjab
Gurvinder Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
