HARNAND SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is seeking pre-arrest bail in case FIR No.33 dated 09.03.2016, under Sections 15, 61, 85 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') registered at police Station Chhajali, District Sangrur. It is submitted on behalf of the petitioner that the petitioner was initially arrested on 09.03.2016 and was released from the custody till further order vide order dated 01.08.2016 passed by the trial Court on an application given by the prosecution that on the basis of an inquiry conducted by S.P.(D) Sangrur, the petitioner was found to be innocent. Later on, the police has submitted the challan under section 173 Crimial P.C., 1973 and the petitioner was placed in column No.2 on the basis of the inquiry report. Learned Senior counsel for the petitioner has referred to the operative part of the challan under Sec. 173 Crimial P.C., 1973 which reads as under:-

(2.) Learned Senior counsel for the petitioner has submitted that the petitioner was found innocent and therefore, recovery of 30 Kgs of poppy husk was not proved to be recovered from him. It is further submitted that now, the prosecution has moved an application under Sec. 319 Crimial P.C., 1973 dated 05.05.2017 and has prayed for summoning the petitioner as an additional accused on the basis of the statement of PW-1 HC- Mukhtiar Singh and PW-2 ASI Baljinder Singh. The trial Court, vide order dated 30.05.2017 has summoned the petitioner to face the trial and as such, the petitioner has filed the present petition seeking pre-arrest bail.

(3.) In support of this contention, learned counsel for the petitioner has referred to the order dated 27.08.2015 passed in CRM-M-13332 of 2015 titled as "Suman Bala Vs. State of Punjab" and CRM-M-16612 of 2015 titled as "Sohan Lal @ Kala and another Vs. State of Punjab" to argue that where the involvement of the accused is doubtful, he is entitled to anticipatory bail even in the NDPS Act.