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2017 DIGILAW 2980 (PNJ)

Palwinder Singh v. State of Punjab

2017-12-20

INDERJIT SINGH

body2017
JUDGMENT Mr. Inderjit Singh, J.:- Petitioner-Palwinder Singh has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 (for brevity, ‘Cr.P.C.’) for grant of anticipatory bail in case FIR No.265 dated 18.09.2017, registered at Police Station Sadar Ferozepur, District Ferozepur, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Notice of motion was issued in this case. Learned State counsel has put in appearance on behalf of the respondent-State and contested this petition. 3. I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. 4. From the record, I find that as per the prosecution version, 15 grams and 10 grams of heroin have been recovered from co-accused namely Lakhwinder Singh alias Lakha and Sarabjit Singh alias Sabha, respectively. Nothing has been recovered from the petitioner. 5. In pursuance of the interim order dated 20.11.2017 passed by this Court, the petitioner has already joined the investigation. He is not required for custodial interrogation. Therefore, no useful purpose will be served by sending him to custody. 6. Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The order dated 20.11.2017, granting interim bail to the petitioner, is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C.