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High Court of Punjab and HaryanaCRM-M/64725/2018allowed

Vishnu v. State Of Haryana

2019-03-25Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.64725 of 2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.64725 of 2018 (O&M) Decided on: 25.03.2019 Vishnu ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Karan Garg, Advocate for the petitioner.

Mr. Naveen Sheoran, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.18 dated 05.12.2018, registered under Sections 22-B and 27-A of the Narcotic Drug and Psychotropic Substances Act, 1985 at Police Station Ratia, District Fatehabad.

The operative part of the order dated 31.12.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned counsel for the petitioner submits that as per allegations in the FIR, the police party, while on patrol duty, had seen two young persons coming on a motorcycle and when the police party signalled to stop the motorcycle, both of them disclosed their names and recovery of 08 plastic bottles containing Codeine Phosphate Chlorpheniramine Maleate Syrup WINCIREX 100 ML WCRS-1041, Mfd. Nov 2018, Exp. Oct 2020, was effected. It is further submitted that even qua these persons, no notice under Section 50 of the NDPS Act was given and later on, on the basis of disclosure statement of co-accused, the petitioner was nominated in the present MOHD YAKUB 2019.03.25 16:38 I attest to the accuracy and integrity of this document

CRM-M No.64725 of 2018 (O&M) FIR.

Notice of motion for 25.03.2019...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 31.12.2018, the petitioner has appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from ASI Karanbir Singh, has not disputed the aforesaid fact and submits that the petitioner is no more required for further investigation. In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 31.12.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 25.03.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.03.25 16:38 I attest to the accuracy and integrity of this document