SHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The allegations against the petitioner in this anticipatory bail in case FIR No. 158 dated 21.11.2014, under sections 22/61/85 NDPS Act, Police Station Ghuman, District Gurdaspur, are that on 21.11.2014, police party headed by ASI Gursewak Singh accosted the petitioner in the area of Bhoma and recovered 150 grams of powder leading to the registration of the present case.

(2.) The contentions of the counsel for the petitioner are that without ascertaining the nature of the alleged powder it finds mention in the FIR Annexure P/1 in column No. 9 that it is a Barbiturate powder (a sort of intoxicant) and has sought to delve deep into misuse of powers by the police in fabricating a false case against the petitioner on account of vengeance. The learned State counsel faced with this situation has squarely conceded that it is quite difficult to ascertain the nature of powder on the face of it and that all is not well with the investigations. Without feeling the necessity to comment upon the conduct of the police, it is a fit case for the grant of interim bail.

(3.) Meanwhile, in the event of arrest, the petitioner shall be released on interim bail to the satisfaction of arresting/investigating officer. The petitioner shall, however, join the investigation as and when called for and shall also abide by the conditions specified under section 438 (2) Cr.P.C.