Rajender v. State Of Haryana

KUMAR MANOJ 2015.12.15 09:43 I attest to the accuracy and integrity of this document CRM-M- 36834 of 2015 #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH CRM-M- 36834 of 2015 Date of Order: 14.12.2015 Rajender ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

Present:

Mr. Chand Ram Olla, Advocate for the petitioner. Mr. R.K. Doon, AAG, Haryana.

JASWANT SINGH, J (ORAL) Prayer is for grant of anticipatory bail in case FIR No.481 dated 01.08.2015 under Sections 15/27-A/61/85 of the NDPS Act and Section 120-B IPC, P.S Sadar Fatehabad, District Fatehabad.

The petitioner's name has surfaced in the disclosure statement made by Radhey Shyam, who was apprehended carrying 1 kg and 800 grams of poppy husk. In his disclosure statement, he alleged that the present petitioner-Rajender was the supplier of the poppy husk to the said accused-Radhey Shyam.

Learned counsel for the petitioner submits that in the latter disclosure statement of Radhey Shyam, it is the other

CRM-M- 36834 of 2015 #2# accused-Pawan Kumar and not the present petitioner, who is alleged to be the supplier of said poppy husk. He further submits that there is no evidence regarding engagement of the petitioner in selling the Narcotics. It is further submitted that both the said co-accused namely Radhey Shyam and Pawan Kumar have since been released on regular bail by the learned trial Court.

Concededly, even the recovery from the co-accused is marginal higher than the small quantity.

Learned state counsel, on instructions from HC Kuldeep Singh, submits that the petitioner has since joined the investigation and his custodial interrogation is no longer required.

In view of the above, interim pre-arrest bail granted by this Court, vide order dated 03.11.2015, is made absolute/confirmed.

Disposed of.

December 14, 2015 ( JASWANT SINGH ) manoj JUDGE