KOMAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On 11/10/2023, the following order was passed :- Apprehending her arrest in FIR No.76, dtd. 8/5/2023, registered for offences punishable under Ss. 21 of the NDPS Act, and offence under Sec. 29 of the NDPS Act added later on, at Police Station Sadar Jalandhar, District Jalandhar, the petitioner has preferred this petition under Sec. 438 Cr.P.C. seeking pre-arrest bail. Ld. Counsel for the petitioner inter alia contends that the petitioner has been nominated on the disclosure made by co-accused Darshana Rani wife of Balbir @ Kala and Arzoo wife of Vinod Kumar. The petitioner has clean antecedents and has no history of ever being involved in offence punishable under the NDPS Act. Apart from the disclosure made by co-accused there is nothing at this stage against the petitioner and the disclosure is inadmissible in evidence in view of law laid down by the Supreme Court in Tofan Singh vs. State of Tamil Nadu, (2021) 4 SCC 1. Issue notice of motion, returnable for 16/1/2024. Mr. Tarun Aggarwal, Sr. DAG, Punjab appears and accepts notice on behalf of the respondent/State. In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to her furnishing personal and surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. As and when called, the petitioner shall join the investigation. She shall abide by the conditions enumerated under Sec. 438(2) of the Cr.P.C."

(2.) Today, Ld. State Counsel on instructions from ASI Manjit Ram submits that the petitioner has already joined investigation and is no more required for custodial interrogation.

(3.) Without commenting on the merits of the case and in view of the aforesaid fact, order dtd. 11/10/2023 is made absolute, subject to the conditions as enumerated under Ss. 438(2) Cr.P.C.