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High Court of Punjab and HaryanaCRM-M/50396/2023allowed

Dharambir v. State Of Haryana

2024-04-30Mr. Justice Anupinder Singh Grewal2 pages

2024:PHHC:058964

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-50396-2023 DATE OF DECISION: 30.04.2024 DHARAMBIR ... Petitioner (s)

Versus

STATE OF HARYANA ... Respondent(s)

CORAM:

HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL

Present:

Mr. Aditya Sanghi, Advocate for the petitioner(s). Mr. Anant Kataria, DAG, Haryana.

ANUPINDER SINGH GREWAL, J. (ORAL) The petitioner is seeking regular bail in FIR No.145 dated 04.05.2019, under Section 22 (C)/29 of the NDPS Act, 1985, registered at Police Station Rania, District Sirsa, Haryana. Learned counsel for the petitioner submits that although the petitioner is named in the FIR but no recovery has been effected from him. The recovery of total 58600 tablets with a total weight of 31 kg 386 grams was effected from the house of the co-accused Kuldeep Singh @ Deepu. He also submits that the petitioner had filed an application for anticipatory bail which had been dismissed by this Court but he had later been arrested and the coordinate Bench of this Court had granted him interim bail on 16.11.2023. The petitioner is not involved in any other case under the NDPS Act and had not misused the concession of interim bail.

Custody certificate filed by the learned State counsel is taken on record which indicates that the petitioner is in custody for 06 months and 08 SWARN JIT SINGH 2024.04.30 16:48 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-50396-2023 -2days. Learned State counsel, however, submits that the co-convict, from whom, the huge recovery had been effected, had named the petitioner as a person from whom he had purchased the intoxicant tablets. Recovery of total 58600 tablets with a total weight of 31 kg 386 grams had been effected from the house of the co-convict Kuldeep Singh @ Deepu. The petitioner had evaded the arrest for several years.

Heard.

In view of the aforenoted facts and circumstances especially when no recovery had been effected from the petitioner and he had been arraigned as an accused on the statement of the co-accused, I deem it appropriate to confirm the order granting interim bail to the petitioner. Consequently, the order passed by the coordinate Bench of this Court dated 16.11.2023 granting interim bail to the petitioner is made absolute. The petition stands disposed of accordingly.

(ANUPINDER SINGH GREWAL) JUDGE 30.04.2024 SwarnjitS Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No SWARN JIT SINGH 2024.04.30 16:48 I attest to the accuracy and integrity of this document Chandigarh