Dharmveer Singh @ Dharma v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 30.01.2025 Dharamveer Singh @ Dharma ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. S.K. Sirsa, Advocate for the petitioner.

Mr. Vikas Bhardwaj, AAG, Haryana.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 438 Cr.P.C. seeking anticipatory bail in case FIR No.419 dated 12.12.2024 registered under Sections 21(B)/61/85 of NDPS Act at Police Station Kalanwali, Sirsa.

2.

On 09.01.2025, the following order was passed:- "Inter-alia contends that the petitioner is sought to be implicated into the FIR in question solely on the basis of a disclosure statement made by co-accused from whom the alleged contraband (08 gms of heroin) is stated to have been recovered & the petitioner is willing to join investigation and cooperate therein. In order to buttress his arguments, learned counsel for the petitioner has relied upon the dicta of the judgments of the Hon'ble Supreme Court in 'Vijay Singh versus The State of Haryana' bearing Special Leave to Appeal (Crl.) No(s).1266/2023', 'State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr'

2022(1) RCR (Criminal) 762, 'Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 and 'Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics Control Bureau' 2024 INSC 290. Notice of motion.

On asking of the Court, Ms. Ankita Ahuja, AAG, Haryana appears and accepts notice on behalf of the respondent-State.

Learned State counsel is at liberty to file a response/status report in the matter.

Adjourned to 30.01.2025.

The petitioner is directed to appear before the Investigating Officer on 13.01.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of BNSS, 2023."

3.

Learned State counsel has filed reply by way of affidavit of Sandeep Singh, Deputy Superintendent of Police, Kalanwali, District Sirsa, today in the Court, which is taken on record and he on instructions from SI Krishan, at the very outset, informs the Court that the petitioner has joined the investigation and his custodial interrogation is not required.

4.

In view of the statement of learned State counsel, order dated 09.01.2025 is hereby made absolute. The petitioner shall abide by

the terms and conditions envisaged under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973). 5.

The petition stands disposed of.

(HARPREET SINGH BRAR) JUDGE 30.01.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No