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High Court of Punjab and HaryanaCRM-M/26994/2024allowed

Virender Singh v. State Of Haryana

2024-08-20Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-26994-2024 Date of decision: August 20th, 2024 Virender Singh .....Petitioner

Versus

State of Haryana .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Namit Khurana, Advocate for the petitioner.

Ms. Trishanjali Sharma, Deputy Advocate General, Haryana.

MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.133 dated 29.04.2024 under Sections 17 (deleted), 18 (added later on) of the NDPS Act, registered at Police Station Chhappar, District Yamuna Nagar. 2.

Vide order dated 14.06.2024, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel for the petitioner contends that petitioner has been falsely implicated in the present FIR on the basis of disclosure statement of Hemender Kumar from whom 2 k.g. of opium was recovered and the alleged contraband, is noncommercial in nature. He further submits since the recovery has already been effected, therefore, custodial interrogation of the petitioner is not necessary and he is ready to join investigation." 3.

Learned counsel for the petitioner submits that in compliance of order dated 14.06.2024, the petitioner has joined PUNEET SACHDEVA 2024.08.20 14:17 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-26994-2024 -2investigation and cooperated with the investigating agency. 4.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. She, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation.

5.

In view of the above, the petition is allowed and interim order dated 14.06.2024, is made absolute subject to the conditions laid down in Section 482(2) BNSS/438(2) Cr.P.C.

August 20th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.08.20 14:17 I attest to the accuracy and integrity of this document Chandigarh