Vikram Ohri @ Vikram v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-12279-2024 (O&M) Date of Decision:-23.7.2024 Vikram Ohri @ Vikram ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. L.S. Sekhon, Advocate for the petitioner. Mr. Inderjeet Singh Ladher, DAG, Punjab, assisted by ASI Baljinder Singh.

***** FIR No.

Dated Police Station Section/s 6.2.2024 Chheharta, District Amritsar 21-B, 27-A and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 GURVINDER SINGH GILL, J. (Oral) 1.

The instant petition has been filed on behalf of the petitioner seeking grant of anticipatory bail in respect of aforementioned FIR. 2.

At the time of issuance of notice of motion, the following order was passed on 11.3.2024:

"The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No.28, dated 6.2.2024 at Police Station Chheharta, District Amritsar, under Sections 21-B, 27-A and 29 of Narcotic Drugs and Psychotropic Substances Act. As per the case of prosecution, one Avinash @ Babblu was found in possession of 110 grams of 'heroin'. During the course of Pankaj Kakkar 2024.07.23 16:44 I attest to the accuracy and authenticity of this document

CRM-M-12279-2024 (O&M) ( 2 ) interrogation, the aforesaid Avinash @ Babblu disclosed that the aforesaid contraband had been supplied to him by the petitioner. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case solely on the basis of disclosure statement of co-accused, which would not carry any evidentiary value in the absence of any other connecting evidence. It has further been submitted that the recovered contraband, in any case, will fall in the category of 'non-commercial' quantity. Notice of motion for 23.7.2024.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C."

3.

Learned State counsel, upon instructions from ASI Baljinder Singh, has informed that pursuant to interim directions, the petitioner has since joined investigation and he is not required for any custodial interrogation. 4.

Having regard to the aforestated position, wherein the petitioner is stated to have joined investigation and is not required for any custodial interrogation, the instant petition is accepted and the interim directions issued by this Court vide order dated 11.3.2024 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C. 23.7.2024 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.07.23 16:44 I attest to the accuracy and authenticity of this document