High Court of Punjab and HaryanaCRM-M/33878/2022allowed

Naresh Kumar v. State Of Punjab

2022-09-16Mr. Justice Sanjay Vashisth2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-33878-2022 Decided on : 16.09.2022 Naresh Kumar . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Naresh Kumar, Advocate for the petitioner(s).

Mr. J.S. Arora, DAG, Punjab.

**** SANJAY VASHISTH , J. (Oral) Prayer in this petition, filed under Section 438 of the Code of Criminal Procedure, 1973, is for grant of anticipatory bail to the petitioner, who has been booked for having committed the offences punishable under Section 22 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for brevity 'NDPS Act') (Section 29 of NDPS Act added later on), in a case arising out of FIR No. 105, dated 06.07.2022, registered at Police Station Sadar, District Hoshiarpur.

Learned counsel for the petitioner contends that in compliance of the order dated 03.08.2022, passed by the coordinate Bench of this Court, the petitioner has joined the investigation.

Learned counsel for the State on instructions from ASI Rashvinder Pal Singh, corroborates the said averment and submits that the custodial interrogation of the petitioner is not required for the purpose of investigation, as during the course of investigation no recovery was effected from the petitioner and he is not involved in any other case of similar nature. JAWALA RAM 2022.09.16 16:59 I attest to the accuracy and authenticity of this order/judgment.

CRM-M-33878-2022 - 2 - Heard learned counsel for the parties.

Since the petitioner has joined the investigation and his custodial interrogation is not required, the present petition is allowed and the adinterim order dated 03.08.2022 is made absolute. However, the petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 438(2), Cr.P.C.

Petition is disposed of.

(SANJAY VASHISTH) JUDGE September 16, 2022 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2022.09.16 16:59 I attest to the accuracy and authenticity of this order/judgment.