RAM CHAND GUPTA,J. - (1.) THE present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no.13 dated 10.01.2013, under Sections 18/22 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at police station Tripuri Town, District Patiala. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Special Judge, Patiala dismissing anticipatory bail application filed on behalf of the petitioner.
(2.) THIS Court while issuing notice of motion on 04.02.2013 passed the following order:- "Crl.M.No.7145 of 2013 Application is allowed subject to all just exceptions. Contends that no recovery was effected from the petitioner-accused and that recovery of only 8 grams of opium and 10 grams of intoxicating powder was recovered from co- accused Hardeep Singh, who was allegedly confined in Central Jail, Patiala. It is further submitted that petitioner has been implicated in this case on suspicion that he might have supplied the same to co-accused as he had gone to meet him in jail on that day. Notice of motion to Advocate General, Punjab, for 11.3.2013. However, in the meantime, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438 (2) Cr.P.C." It has been contended by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated
(3.) 02.2013. It has also been stated by learned counsel for the State, on instruction from SI Parkash Masih, that petitioner has joined the investigation and that he is no more required for any custodial interrogation. Bail application is not opposed. 4. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Joga Singh is accepted and order dated 04.02.2013 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. The present petition stands disposed of accordingly.;