Ram Chand Gupta, J. - (1.) The present petition filed under Section 438 Criminal Procedure Code is for grant of anticipatory bail to the petitioner in case FIR No.70, dated 17.8.2012, under Section 58 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and under Sections 193, 195, 196, 211, 120-B Indian Penal Code, registered at Police Station Dharamgarh, District Sangrur.
(2.) I have heard learned counsel for the parties and have gone through the whole record carefully. This Court passed the following order on 30.10.2012: "CRM No.54403 of 2012 Application is allowed subject to all just exceptions. CRM No.28307 of 2012 Heard. Contends that investigation was already completed in FIR no.30, dated 24.2.2011, under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act" ), registered at police Station Dharamgarh in which present petitioner was an eye-witness and report under Section 173 Criminal Procedure Code was also filed citing present petitioner as witness. It is further contended that charge was framed in the said case against accused-Sukhchain Singh @ Chain and evidence was also recorded and the case was fixed for defence and arguments when supplementary report was filed under Section 173(8) Criminal Procedure Code implicating petitioner as an accused and, however, no summoning order against petitioner was passed by learned trial Court on the basis of said report. It is further contended that however another FIR No.70 dated 17.8.2012, under Section 58 of the Narcotic Drugs And Psychotropic Substances Act and Sections 193/195/196/211/120B Indian Penal Code has been registered against the petitioner. These facts have not been disputed by learned State counsel. He has also stated that petitioner be directed to join the investigation. Hence, petitioner is directed to join the investigation on 15.11.2012 at 10.00 AM and thereafter as and when directed by the Investigating Officer and in case of his arrest, he shall be released on interim bail to the satisfaction of the arresting officer subject to compliance of conditions specified under Section 438(2) Criminal Procedure Code. Adjourned to 06.12.2012."
(3.) It has been stated by learned counsel for the petitioner that pursuant to the said order, the petitioner has already joined the investigation.;