Vikas v. State Of Haryana

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:23.07.2021 Vikas ... Petitioner Vs.

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Vikas Bishnoi, Advocate for the petitioner.

Mr. Gurmeet Singh, AAG, Haryana.

SUVIR SEHGAL, J. (Oral) The Court has been convened through video conferencing due to Covid-19 pandemic.

Through the instant petition, the petitioner seeks anticipatory bail in case FIR No.501 dated 23.12.2020 registered under Section 22(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act"), however, Section 27-A of NDPS Act has been added during investigation at Police Station Sadar Fatehabad, District Fatehabad. On 22.04.2021, following order was passed:- "Vide order dated 14.01.2021, the State of Haryana was put on

{2} notice. Learned State counsel on instructions from ASI Satish Kumar has apprised the Court that no recovery of any contraband was effected from the petitioner and recovery of 100 tablets of Tramadol was effected from the possession of co-accused Ram Singh. She has further submitted that the petitioner was indeed nominated on the basis of the disclosure statement made by co-accused Ram Singh, from whose possession the alleged recovery was effected. On a pointed query put to the learned State counsel as to whether the petitioner is involved in any other case under the NDPS Act, she has answered in the negative.

Adjourned to 23.07.2021.

Meanwhile, petitioner is directed to join the investigation as and when required by the investigating officer. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Code of Criminal Procedure, 1973."

Learned State counsel, on instructions from SI Krishan Kumar submits that the petitioner has joined investigation and is no longer required for custodial interrogation.

In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated

{3} 22.04.2021 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

(SUVIR SEHGAL) JUDGE July 23, 2021 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No