PUNJAB & HARYANA HIGH COURT
PUSHPINDER KUMAR
V.
STATE OF PUNJAB
2023:PHHC:094808
Coram Hon’ble Mr. Justice Rajbir Sehrawat
INTRODUCTION:
The petitioner has filed the current plea seeking anticipatory bail under Section 438 of the Code of Criminal Procedure. The purpose of this bail is to secure protection from arrest in relation to FIR No. 160 dated 09.05.2023. The FIR was registered at Police Station City Hoshiarpur, District Hoshiarpur, under Sections 15, 18, 20, 21, and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
FACTS:
Based on confidential information suggesting the petitioner’s involvement in the narcotics business, the police conducted a visit to the petitioner’s residence, which was found locked. Consequently, the petitioner is suspected of committing the offense. Nevertheless, it is important to note that nothing was recovered from the petitioner or from the mentioned residence.
COURT ANALYSIS AND DECISION:
The current petition was granted. If the petitioner is arrested, they will be released on bail after furnishing personal bonds or surety to the satisfaction of the Arresting/Investigating Officer. The petitioner must cooperate with the investigation and comply with the conditions stipulated under Section 438(2) of the Criminal Procedure Code (Cr.P.C.). Furthermore, it is noted that the FIR was filed without proper grounds, leading to harassment and expenses for the petitioner. The individual responsible for filing the FIR before establishing a legitimate basis for it should be held accountable. This ruling serves as redress for the unwarranted registration of the case, acknowledging the wrongful actions taken against the petitioner.
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Written by- Srijan Garg2023_01_ILR_0900_0908
