Ajay Kumar v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision:01.09.2021 Ajay Kumar ---Petitioner versus State of Haryana ---Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Arpandeep Narula, Advocate for the petitioner Mr. Anant Kataria, Deputy Advocate General, Haryana.

*** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through video conferencing.

Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C. in case bearing FIR No. 210 dated 14.6.2021 registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sadar Sirsa, District Sirsa.

25 grams each of heroin was recovered from Sanjay Kumar and Sudhir Kumar on the basis of secret information. The petitioner was nominated on the basis of disclosure

-2statements of aforesaid two persons.

Notice of motion was issued on 24.6.2021 along with interim directions. On 24.6.2021, following order was passed by this Court:- "Counsel inter alia contends that recovery of 25 grams each of heroin has been made from Sanjay Kumar and Sudhir Kumar on the basis of secret information. On account of the disclosure statements made by the persons arrested, the petitioner has been involved. It is accordingly submitted that the veracity as such of the confessions, as such, which has been made by them would be a matter of trial and the quantity of contraband also is non-commercial in nature. It is further argued that involvement in the alleged two other cases of NDPS is on account of the enmity with Sarpanch and also on account of the fact that it was on the basis of disclosure statements made. Notice of motion.

Mr. Ankur Mittal, Addl. A.G., Haryana accepts notice on behalf of the respondent.

Adjourned to 01.09.2021.

In the meantime, it is directed that the petitioner shall join investigation and in the event of arrest of the petitioner, he shall be released on ad-interim bail subject to the satisfaction of the investigation officer. The petitioner shall join investigation as and when required and shall comply with the conditions laid down in Section 438(2) Cr.P.C.

24.06.2021 (G.S. SANDHAWALIA) shivani JUDGE"

Learned counsel for the petitioner submits that in

-3compliance of the aforesaid order, the petitioner has joined the investigation to the entire satisfaction of the Investigating Officer. Learned State counsel on instructions from ASI Ashok Kumar admits the aforesaid fact and submits that the petitioner is no more required for further investigation of the case. Since the petitioner was nominated on the basis of disclosure statements of co-accused, from whom noncommercial quantity of contraband has been recovered, therefore, involvement of the petitioner would remain debatable. In view of the aforesaid factual position, the interim order dated 24.6.2021 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) JUDGE 01.09.2021 PARAMJIT Whether speaking/reasoned : Yes/No Whether reportable : Yes/No