Reena v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-50162-2024 Date of decision: 15.01.2025 Reena ....Petitioner V/s State of Punjab ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Kamal Narula, Advocate for the petitioner. Mr. Amit Rana, Sr. DAG, Punjab.

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

The petitioner is seeking the concession of anticipatory bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 in case FIR No.305 dated 17.12.2022 under Sections 21(b) of the NDPS Act (Section 29,61/85 NDPS Act added later on), registered at Police Station Civil Lines, District Bathinda.

2.

On the last date of hearing i.e. on 04.10.2024, while noticing the following submissions made by the learned counsel for the petitioner, this Court had granted the concession of interim bail to the petitioner and asked him to join investigation:- "Learned counsel for the petitioner, inter alia, contends that the FIR in question was lodged way back on 17.12.2022 and a recovery of 15 grams of heroin was allegedly affected from co-accused Rajpal Singh. It has been submitted that co-accused Rajpal Singh allegedly POONAM RATHORE 2025.01.16 17:38 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-50162-2024 -2suffered a disclosure statement nominating the petitioner as being the person from whom he had procured the recovered contraband. Learned counsel submits that the petitioner has no previous criminal antecedents, which leaves no manner of doubt about her false implication in the present case."

3.

Learned counsel for the petitioner submits that in compliance of order dated 04.10.2024, 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 his custodial interrogation.

5.

In view of the above, the petition is allowed and interim order dated 04.10.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) of B.N.S.S., 2023. (MANJARI NEHRU KAUL) January 15, 2025 JUDGE Poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2025.01.16 17:38 I attest to the accuracy and authenticity of this document High Court Chandigarh