Umesh Kumar v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-37854-2020 DATE OF DECISION: 15.12.2020 UMESH KUMAR ... Petitioner(s)

Versus

STATE OF HARYANA ... Respondent(s) CORAM: HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL

Present:

Mr. B.S. Saroha, Advocate for the petitioner. Mr. Vikrant Pamboo, DAG, Haryana.

**** ANUPINDER SINGH GREWAL, J. (ORAL) Heard through video conferencing.

The petitioner is seeking anticipatory bail in FIR No. 303 dated 01.11.2020, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' - for short) (Section 27-A of the NDPS Act added later on), registered at Police Station Sadar Tohana, District Fatehabad.

Learned counsel for the petitioner contends that the petitioner is neither named in the FIR nor any recovery has been effected from him. He has been arraigned as an accused on the statement of co-accused from whom 31⁄2 kilograms of poppy husk was recovered.

This Court, by the order dated 17.11.2020, had directed the petitioner to appear before the Investigating Officer and join the investigation and in the event of his arrest, he was to be released on ad-interim bail to the satisfaction of the Investigating/Arresting Officer, subject to the conditions envisaged under Section 438(2) Cr.P.C.

CRM-M-37854-2020 Learned State counsel, upon instructions from SI Gulab Singh, states that the petitioner has joined the investigation and is not required for custodial interrogation.

In view of the submissions of learned counsel for the petitioner and the petitioner having joined investigation, the order dated 17.11.2020 granting interim bail to the petitioner is made absolute. However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join investigation as and when called upon to do so.

The petition stands disposed of.

(ANUPINDER SINGH GREWAL) JUDGE 15.12.2020 SwarnjitS Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No