The single-judge bench of Justice Karamjit Singh of the Punjab and Haryana High Court in the case of Sukhpreet Singh Bajwa Vs State of Punjab granted bail to the petitioner as the petitioner was not named in the FIR and was arraigned as accused on the basis of the disclosure made by co-accused.
BRIEF FACTS
The factual matrix of the case is that the petition is filed for the grant of anticipatory bail for the criminal case registered under section 21 of NDPS Act.
The learned counsel appearing on behalf of the petitioner submitted that the petitioner was not named in a FIR and was named as an accused only on the basis of alleged disclosure made by co-accused. It was further submitted that the petitioner has already joined the investigation with the police and is not required for any further investigation or custodial interrogation and is having no criminal history.
COURT’S OBSERVATION
The hon’ble court held that the petitioner was not named in the FIR and was arraigned as accused on the basis of the disclosure made by co-accused. As per prosecution version, the police recovered 5 grams of Heroin from the polythene bag which was thrown by co-accused who was traveling in a car. The relevance and admissibility of the disclosure made by co-accused will be tested during the trial.
The aforesaid recovery of 5 grams of Heroin comes under non-commercial quantity and thus, embargo provided under Section 37 of NDPS Act is not applicable to the case in hand. Further, the petitioner who has joined the investigation is not required by the police for any further investigation, and further the interim bail was granted to the petitioner.
CASE NAME- Sukhpreet Singh Bajwa Vs State of Punjab
CITATION- CRM-M-13378-2022
CORUM- Justice Karamjit Singh
DATE- 16.11.2022
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