HC grants Anticipatory Bail to accused under NDPS Act for absence of his name in the FIR (Read Order)

The High Court of Punjab and Haryana ordered release of petitioner by allowing his application for ‘anticipatory bail’ in a case filed under the Narcotic Drugs and Psychotropic Substances Act on the grounds that his name was not mentioned in the FIR and his co-accused was also granted interim bail by Court in its earlier order.

Factual Background

The matter pertains to anticipatory bail application of an accused in Narcotic Drugs and Psychotropic Substances Act. The present case was registered by ASI on a secret piece of information received by ASI whereby involvement of certain persons including the Petitioner was claimed in carrying out nefarious trade in heroin and illegal weapons using a drone. The Petitioner preferred the present Bail application u/s 438 Cr.P.C. for commission of offences u/Ss. 21, 23 and 25 of NDPS Act and Ss. 411, 414, 120-B of the Indian Penal Code and Sec 25 of the Arms Act.

Case of the Parties

The case of the petitioner is that he was not named in the FIR and a similarly placed co-accused was also interim granted bail was this High Court on June 1, 2020 while the respondent’s case is that the recovery of Drone from two of the accused and active presence of the other in the carrying out such a trade, is a serious matter in which investigation is to be carried out and during the course of such an investigation, presence of the accused would be necessary.  

Decision of the Court

The Court observed that it was conceded by the State Council that the Applicant was not named in the FIR and that the “only semblance of evidence is the statement of the co-accused” which led to arising of a “debatable issue” over “legality and credibility of such an evidence which can only be adjudicated at the time of trial.” Therefore, the Court held that it would be “travesty of justice” to send the applicant/ petitioner in the custody because his joining the investigation would alone be sufficient. Thus, the petitioner was directed to appear before the Investigating Officer within specified time and on doing so, he is to be released on Bail to the satisfaction of the IO till submission of report u/s 173 Cr.P.C. (challan). The petitioner was ordered to join investigation and comply with conditions of Sec 438(2) Cr.P.C.  

Case Details

Before: Punjab and Haryana High Court  

Bench: Hon’ble Mr. Justice Fateh Deep Singh  

Case Title: Jasbir Singh v State of Punjab

Case No.: CRM-M-14077-2020

Decided On: 05.06.2020

Read Order @LatestLaws.com