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High Court of Punjab and HaryanaCRM-M/53797/2018allowed

Amandeep Singh v. State Of Haryana

2019-02-21Mr. Justice Arvind Singh Sangwan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-53797 of 2018 (O&M) Date of Decision: February 21, 2019 Amandeep Singh

...Petitioner

VERSUS

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Amandeep Singh, Advocate for the petitioner.

Mr.Tanuj Sharma, AAG, Haryana for the respondent-State.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.477 dated 08.09.2018 under Sections 22-B and 27-A of the NDPS Act, registered at Police Station Ratia, District Fatehabad.

Notice of motion was issued. Learned State counsel appeared and contested the petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. The recovery in the present case is of 40 strips each containing 10 tablets of Tramadol and recovery has been effected from the co-accused. The present petitioner has been nominated on the basis of disclosure VINEET GULATI 2019.02.22 16:22 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-53797 of 2018 -2statement of the co-accused. There is no other evidence, at this stage, against the petitioner. The allegation against the petitioner, at the most, falls under Section 29 of the NDPS Act. Provisions of Section 37 of the NDPS Act does not apply in this case.

The petitioner has already joined the investigation. Recovery has already been effected. The petitioner is not required for custodial interrogation. No useful purpose will be served by sending and keeping the petitioner in custody till the disposal of the case. Keeping in view the facts and circumstances of the case and without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find it a fit case, where the petitioner is entitled to benefit of anticipatory bail. Therefore, the present petition is accepted and the order dated 11.12.2018 granting interim bail to the petitioner, is made absolute.

February 21, 2019 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No VINEET GULATI 2019.02.22 16:22 I attest to the accuracy and authenticity of this document Chandigarh