High Court of Punjab and HaryanaCRM-M/50132/2022allowed

Nilesh Saini Alias Lucky Saini v. State Of Haryana

2023-02-20Mr. Justice Karamjit Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-50132-2022 Date of Decision:-20.02.2023 NILESH SAINI ALIAS LUCKY SAINI ... Petitioner(s)

Versus

STATE OF HARYANA ... Respondent(s) -.-

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH -.- Present:- Mr. Dheeraj Kumar Narula, Advocate for the petitioner.

Ms. Harpreet Kaur, AAG, Haryana.

-.- KARAMJIT SINGH , J. (Oral) Prayer is for grant of anticipatory bail in case having FIR No.927 dated 16.10.2022 registered under Sections 21/29 of NDPS Act at Police Station Civil Line, District Sirsa.

The allegations in nut-shell are that the police apprehended coaccused Vishal Kashyap along with 6.95 grams of Heroin on 16.10.2022 and said Vishal Kashyap disclosed that he purchased the aforesaid contraband from the petitioner and accordingly the petitioner was nominated as accused in the present case.

GAURAV SOROT 2023.02.21 17:07 I attest to the accuracy and authenticity of this order, judgment and documents.

( 2 ) CRM-M-50132-2022 Counsel for the petitioner submits that the petitioner who is having no criminal antecedents has joined investigation with the police by virtue of previous order of interim bail passed by this Court. State counsel on instructions from ASI Satyawan has not refuted the aforesaid assertions made by counsel for the petitioner and submits that the petitioner is not required by police for further investigation or for custodial interrogation.

Admittedly the recovery of 6.95 grams of Herion from the possession of co-accused Vishal Kashyap comes under non-commercial quantity and as such is not covered under embargo provided in Section 37 of NDPS Act. Further the petitioner is having no criminal history and he is not required by the police for further investigation. In view of the above, without commenting on the merits of the case, the present petition is hereby allowed and order dated 31.10.2022 is hereby made absolute. The petitioner should abide by the conditions envisaged under Section 438(2) Cr.P.C.

( KARAMJIT SINGH) 20.02.2023 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2023.02.21 17:07 I attest to the accuracy and authenticity of this order, judgment and documents.