Harpal Alias Pal v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-46422-2024 Date of decision: 07.01.2025 HARPAL ALIAS PAL ....Petitioner V/s STATE OF HARYANA ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Brijender Kaushik, Advocate, for the petitioner. Mr. Yuvraj Shandilya, AAG, Haryana.

***** MANJARI NEHRU KAUL, J. (ORAL) 1.

Prayer in the instant petition is for grant of anticipatory bail to the petitioner in case FIR No.225 dated 21.08.2024 under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Sadhaura, District Yamuna Nagar. 2.

On 18.09.2024, while noticing the following submissions made by the learned counsel for the petitioner, a Coordinate Bench of this Court had granted the concession of interim bail to the petitioner and asked him to join investigation:- "Learned counsel for petitioner pointed out that no recovery was effected from the possession of present petitioner. He is named by co-accused Sintu Kumar alias Kala, from whose possession allegedly 810 capsules (720 capsules containing Acetaminophen, Tramadol Hydrochloride and Dicyclomine Hydrochloride marka Proximo Spas and 90 tablets containing Alprazolam marka Alpha) were recovered. Present petitioner is ready to join the investigation."

POONAM RATHORE 2025.01.08 11:29 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-46422-2024 -23.

Thereafter on 19.11.2024, a Coordinate Bench of this Court had passed the following order:

"Learned counsel representing State submits that petitioner has joined the investigation but he did not handover the mobile phone used for making number of calls to the main accused." 4.

Learned counsel for the petitioner submits that in compliance of order dated 18.09.2024, the petitioner has joined investigation and cooperated with the investigating agency.

5.

Supplementary reply by way of affidavit of Sh.Rajesh Kumar, HPS Deputy Superintendent of Police, Yamuna Nagar-II, District Yamuna Nagar, has been filed in Court today on behalf of respondent-State. The same is taken on record. A copy thereof has been handed over to learned counsel for the petitioner.

6.

Learned State counsel, on instructions, submits that in compliance of order dated 18.09.2024, the petitioner has not only joined investigation but also handed over his mobile handset. Hence, the petitioner is not required for his custodial interrogation. 7.

In view of the above, the petition is allowed and interim order dated 18.09.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) of BNSS, 2023.

(MANJARI NEHRU KAUL) January 07, 2025 JUDGE poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2025.01.08 11:29 I attest to the accuracy and authenticity of this document High Court Chandigarh