Mohit Gujjar v. State Of Haryana

CRM-M-1433 of 2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-1433 of 2025 DATE OF DECISION :- 24.02.2025 Mohit Gujjar

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present:- Mr. Davinder Pal Soni, Advocate for the petitioner. Mr. Neeraj Sheoran, DAG, Haryana assisted by PSI Gurmesh. *** MAHABIR SINGH SINDHU , J.

Present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioner in FIR No.0773 dated 20.11.2024, under Section 21(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS'), registered at Police Station Sirsa City, District Sirsa. 2.

Allegations are that petitioner has been nominated on the basis of disclosure by co-accused Rajesh Kumar, from whom alleged contraband of 06 gms Heroine (non-commercial quantity) was recovered. 3.

This Court, on 14.01.2025, granted interim bail to petitioner and relevant part of the same is recapitulated as under:- " Contends, inter alia, that petitioner has been nominated on the basis of disclosure made by co-accused-Rajesh Kumar, from whom alleged recovery of 6 grms. Heroin was effected. Notice of motion.

Mr. Kiran Pal Singh, learned AAG, Haryana accepts notice on behalf of the respondent-State; seeks time to have instructions and/or to file written response in the matter. PARVINDER SINGH 2025.02.25 20:31 I attest to the accuracy and authenticity of this order/judgment

CRM-M-1433 of 2025 Posted for 24.02.2025.

In the meanwhile, petitioner shall join investigation before the Investigating Officer. In the event of his arrest, the Arresting Officer would admit him to interim bail, till the next date of hearing, on furnishing adequate bail and surety bonds to his satisfaction. The petitioner shall also abide by all the conditions as envisaged under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023."

4.

Contends that in terms of the aforesaid order, petitioner has already joined investigation and his custodial interrogation is not required. 5.

Above factual position is duly acknowledged by learned State Counsel, on instructions from the police officer present in Court and further stated that custodial interrogation of the petitioner is not required at this stage. 6.

In view of above, interim order dated 14.01.2025 is made absolute subject to the conditions as envisaged Section 482 (2) of the BNSS. 7.

It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation. 8.

The above observations may not be construed as an expression of opinion on merits of the case; rather confined only to decide the present bail matter.

9.

Disposed off accordingly.

Pending application(s), if any, shall also stand disposed off. (MAHABIR SINGH SINDHU) JUDGE 24.02.2025 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2025.02.25 20:31 I attest to the accuracy and authenticity of this order/judgment