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High Court of Punjab and HaryanaCRM-M/38983/2020allowed

Samraj Singh v. State Of Haryana

2021-04-05Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-38983-2020 (O&M) Date of Decision:-5.4.2021 Samraj Singh ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. S.K. Bishnoi, Advocate for the petitioner. Ms. Sheenu Sura, DAG, Haryana, assisted by ASI Raj Kaur.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.546 dated 14.9.2020 at Police Station City Sirsa City, District Sirsa, Haryana under Sections 21 of Narcotic Drugs and Psychotropic Substances Act, wherein offence under Section 27-A of NDPS Act was added later on.

2.

At the time of issuance of notice of motion on 25.11.2020, the following order was passed:

"It is the case of prosecution that it is 2 persons namely Gagan and Jyoti, who were found in possession of 10 grams each of 'Smack' i.e. a total of PANKAJ KAKKAR 2021.04.05 18:17 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-38983-2020 (O&M) 20 grams of 'Smack', who during interrogation have disclosed that the same had been supplied by the petitioner.

Notice of motion for 5.4.2021.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C." 3.

The learned State counsel upon instructions from ASI Raj Kaur has informed that the petitioner has joined investigation and that he is involved in one more case. It has, however, been submitted that the petitioner is not required for custodial interrogation in the instant case as the petitioner has joined investigation.

4.

In view of the aforesaid submission, the petition is accepted and the interim directions issued by this Court vide order dated 25.11.2020 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

5.4.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.04.05 18:17 I attest to the accuracy and integrity of this document