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High Court of Punjab and HaryanaCRM-M/25918/2018allowed

Balwinder Kumar v. State Of Punjab

2018-09-11Mr. Justice Arvind Singh Sangwan3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 11.09.2018

1. CRM-M-25918-2018 Balwinder Kumar ... Petitioner Vs.

State of Punjab ... Respondent

2. CRM-M-25935-2018 Malkeet Kumar ... Petitioner Vs.

State of Punjab ... Respondent

3. CRM-M-25963-2018 Jagjit Singh ... Petitioner Vs.

State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. Harminder Singh, Advocate for the petitioner (in all cases).

Mr. Joginder Pal Ratra, DAG, Punjab.

******* ARVIND SINGH SANGWAN, J. (ORAL)

-2Prayer in these three petitions is for grant of anticipatory bail to the petitioners in FIR No.11 dated 15.04.2018 under Section 21(1) of the Mines and Minerals Act, 1957, registered at Police Station Sadar Pathankot. While granting interim bail to the petitioners, following order was passed on 14.06.2018: - "Counsel for the petitioner has submitted that the petitioners are the drivers/registered owners of the truck, which was used as a carrier for transporting the mines or minerals. It is further submitted that the petitioners were in possession of the valid Weighment Slips (Annexures P1 and P2) issued by the Department in Form - T. It is also submitted that as per Rules 72 and 75 of the Punjab Mines and Minerals Rules, 2013, a transporter can carry the mines by way of a valid Weighment Slips and further as per Rule 75, even in case of a first offender, the same can be compounded on payment of fine as per the procedure prescribed therein.

Notice of motion for 11.09.2018."

Learned counsel for the petitioners submits that in pursuance of the order dated 14.06.2018, petitioners have joined the investigation and are not required for any further investigation.

Learned State counsel, on instructions from ASI Parvesh Kumar, has not disputed the factual position and states that the petitioners are no more required for any further investigation.

In view of the above, this petition is allowed and the interim bail granted to the petitioners vide order dated 14.06.2018 passed by this Court is

-3made absolute subject to the conditions envisaged under Section 438 (2) Cr.P.C.

[ ARVIND SINGH SANGWAN ] 11.09.2018 JUDGE vishnu Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No