"No Grounds for Arrest; Anticipatory Bail Granted in NDPS Case ," States High Court of Punjab and Haryana

Chandigarh, July 28, 2023 - In a landmark ruling, the High Court of Punjab and Haryana granted anticipatory bail to Pushpinder Kumar alias Pushpinder Singh alias Tinku. The case had been filed under Sections 15, 18, 20, 21, and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Hon'ble Mr. Justice Rajbir Sehrawat, presiding over the case, stated, "In view of the above, it can safely be construed that there is nothing to support the case of the prosecution, even as per the assertions of the police. As such, the petitioner deserves to be protected against his arrest."

The court allowed the petition on grounds of no substantial evidence against the petitioner. It ruled that the petitioner, if arrested, must be released on bail, provided he furnishes personal bonds/surety, and complies with the investigation as and when required, in accordance with Section 438(2) of the Code of Criminal Procedure.

The case had been lodged at the Police Station City Hoshiarpur, District Hoshiarpur. The petitioner's counsel had argued that the case was fabricated and registered with a mala fide intention. The prosecution had no evidence to support its case, leading to this decision by the court.

Furthermore, the person who lodged the FIR without any substantial basis has been ordered to pay compensation of Rs.10,000 to the petitioner. "Since the FIR has been got registered even before creating a basis for that, and due to the FIR, the petitioner has been put to the harassment and expenses," the judge noted in his order.

Date of Decision: 26th July 2023

Pushpinder Kumar vs   State of Punjab