High Court of Punjab and HaryanaCRM-M/9976/2020allowed

Sanjay Kumar v. State Of Haryana

2021-09-17Mr. Justice Raj Mohan Singh2 pages

CRM-M-9976-2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.9976 of 2020 Date of Decision:17.09.2021 SANJAY KUMAR ......Petitioner Vs STATE OF HARYANA .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. G.S Kaura, Advocate for the petitioner.

Mr. Rajat Gautam, DAG, Haryana.

**** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through videoconferencing. Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.121 dated 12.10.2019 registered under Sections 15 of the Narcotics drugs and Psychotropic Substance Act, (Section 27-A of Narcotics Drugs and Psychotropics Substance Act, 1985 added later on), at Police Station Jakhal, District Fatehabad.

Notice of motion was issued on 06.03.2020 on the premise that 5 Kgs. of poppy husk was recovered from the coaccused Jagsir and the petitioner was nominated on the basis of disclosure statement of said co-accused. Interim anticipatory bail was granted to him.

Thereafter, learned State counsel submitted before the Court on 05.07.2021 that the petitioner has not co-operated with the Investigating Officer. Petitioner is stated to have been AMANDEEP GOSAIN 2021.09.20 12:52 I attest to the accuracy and integrity of this document

CRM-M-9976-2020 involved in other NDPS cases.

Learned counsel for the petitioner submits that petitioner is on bail in two pending trial cases and in other cases he has been acquitted. Factual position of the case is not in dispute Learned counsel for the petitioner further submits that in compliance of the order dated 06.03.2020, petitioner has joined the investigation to the entire satisfaction of the Investigating Officer.

Learned State counsel on instructions from ASI Ajmer Singh admits the aforesaid fact and submits that the petitioner is no more required for further investigation in the case. In view of aforesaid factual position, the interim order dated 06.03.2020 is made absolute. Petitioner shall keep on joining the investigation as and when required to do so and he shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Petition stands disposed of.

(RAJ MOHAN SINGH) 17.09.2021 JUDGE Amandeep Whether speaking/reasoned Yes/No Whether reportable Yes/No AMANDEEP GOSAIN 2021.09.20 12:52 I attest to the accuracy and integrity of this document