Tony v. State Of Punjab

CRM-M-44110-2014 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-44110-2014 Date of decision: 17.03.2015 Tony ..... Petitioner

Versus

State of Punjab ..... Respondent

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH PRESENT: Mr. BS Kathuria, Advocate for the petitioner. Mr. Gazi Mohd., DAG, Punjab.

R.P. NAGRATH, J. (ORAL) This petition under Section 438 Cr.P.C. has been filed by the petitioner seeking anticipatory bail in FIR No. 66 dated 09.07.2014 registered under Sections 22 of the Narcotic Durgs and Psychotropic Substances Act (NDPS), 1985 at Police Station P.A.U., Ludhiana. When this case was listed on 24.12.2014, following order was passed:- "Petitioner has been involved in the case on the basis of statement of co-accused that he had supplied heroin recovered from the co-accused.

Notice of motion for March 17, 2014.

Meanwhile, an interim direction is issued that the petitioner will join investigation on January 3, RISHU KATARIA 2015.03.17 17:06 I attest to the accuracy and authenticity of this document

CRM-M-44110-2014 -22015, and in case of his doing so, he will be released on interim bail to the satisfaction of the arresting officer."

On instructions from HC Mulkeet Singh, learned State counsel submits that the petitioner has joined the investigation on 03.01.2015 and he is no more required for further interrogation. It is also submitted that no recovery has been made from the petitioner. In view of the above and without expressing any opinion on merits of the case, the instant petition is allowed and the interim bail granted to the petitioner vide order dated 24.12.2014 is made absolute and the petitioner shall abide by the conditions as enshrined in Section 438 (2) Cr.P.C.

March 17, 2015 ( R.P. NAGRATH ) rishu JUDGE RISHU KATARIA 2015.03.17 17:06 I attest to the accuracy and authenticity of this document