Salita Kaur Alias Sunita v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:010277 CRM-M-45700-2023 Date of decision: January 25th, 2024 Salita Kaur @ Sunita .....Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Bikramjeet Singh Jatana, Advocate for the petitioner.

Mr. Mohit Kapoor, Additional Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) Prayer in this petition is for grant of anticipatory bail to the petitioner in case FIR No.114 dated 08.08.2023 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') (Section 29 of the NDPS Act added later on) registered at Police Station Dhuri, District Sangrur.

2.

Vide order dated 17.10.2023, 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 State counsel on instructions from ASI Gurmail Singh, has not disputed that a complaint was indeed made by the petitioner against two of the officials who were part of of the police party which allegedly apprehended the petitioner with 52 kgs of poppy husk. It has also not been disputed that there is no criminal case registered against the petitioner much less under the NDPS Act."

3.

Learned counsel for the petitioner submits that in PUNEET SACHDEVA 2024.01.25 14:14 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-45700-2023 -2compliance of order dated 17.10.2023, the petitioner has joined investigation 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. He on further instructions submits that the petitioner is not required for further investigation much less for her custodial interrogation.

5.

In view of the above, the petition is allowed and interim order dated 17.10.2023 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C. Needless to say, in case the petitioner misuses the concession of bail granted to her, the State would be at liberty to seek cancellation of the same.

January 25th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.01.25 14:14 I attest to the accuracy and integrity of this document.

Chandigarh