Pooja v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-37435-2021 Date of Decision:-07.02.2022 POOJA ... Petitioner

Versus

STATE OF HARYANA ... Respondent

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH ***** Present:- Mr. Pradeep Chhoker, Advocate for the petitioner.

Ms. Harpreet Kaur, AAG, Haryana.

***** KARAMJIT SINGH , J. (Oral) Case has been heard through video conferencing on account of COVID-19 Pandemic.

Prayer is for grant of anticipatory bail in case having FIR No.236 dated 5.8.2021 registered under Sections 20-B of NDPS Act (Section 27-A NDPS Act added later on) at Police Station Dharuhera, District Rewari.

The counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case, which is relating to recovery of non-commercial quantity of 'Ganja' from Harish @ Rohit, who is closely related to the petitioner. The counsel for the petitioner further submitted that main accused Harish @ Rohit has been released on regular bail and even the GAURAV SOROT 2022.02.07 15:23 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-37435-2021 petitioner has joined the investigation on the basis of the order of interim bail passed by this Court. The counsel for the petitioner made prayer that the order of interim bail be made absolute.

The State counsel on the instructions of SI Sunder Lal admitted the fact that the petitioner has joined the investigation with the police on the basis of the order of interim bail and further stated that the petitioner is not required by the police for any custodial interrogation. As per the allegations appearing on the record, on 5.8.2021 the police received secret information against Harish @ Rohit and 1.32 kg. of 'Ganja' was recovered from his possession. There are also allegations that Harish @ Rohit suffered disclosure statement and got recovered another 9.908 kg of 'Ganja' from the rented house of the petitioner who is his mother-in-law. It is a matter of evidence as to whether petitioner was having any connection with the aforesaid rented house.

The petitioner has joined the investigation and is not required by the police for any custodial interrogation as has been stated by the State counsel. In view of the matter, as the recoveries have already been effected, the present petition is allowed and the order of interim bail dated 13.10.2021 is hereby made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C.

( KARAMJIT SINGH) 07.02.2022 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2022.02.07 15:23 I attest to the accuracy and integrity of this document