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High Court of Punjab and HaryanaCRM-M/62386/2024disposed of

Sandeep Kumar v. State Of Punjab

2025-02-19Mr. Justice Harpreet Singh Brar2 pages

CRM-M-62386-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-62386-2024 (O&M) Date of decision: 19.02.2025 Sandeep Kumar ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Rajat Dogra, Advocate for the petitioner.

Mr. Subhash Godara, Addl. A.G., Punjab.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 482 of BNSS, 2023, seeking anticipatory bail in case FIR No.110 dated 21.09.2024, registered under Sections 21, 29, 27-A of Narcotic Drugs & Psychotropic Substances Act, 1985 and Section 25 of Arms Act and Sections 10, 11 and 12 of Aircraft Act, 1934, at Police Station Dera Baba Nanak, Police District Batala, District Gurdaspur. 2.

On 31.12.2024, the following order was passed:- "XX XX XX XX In compliance of order dated 23.12.2024, learned State counsel on instructions from ASI Charanjit Singh, Police Station Dera Baba Nanak, Batala submits that till date, the Police Authorities have not been able to lay their hand on any evidence as to whether prior to the taking of the Hotel on lease by the petitioner, he was in contact with the main accused who are facing prosecution of dealing with drugs.

In the light of above, considering the fact that only MOHD YAKUB 2025.02.19 17:01 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CRM-M-62386-2024 allegation against the petitioner is that he charged some extra amount from the main accused while he was staying in the hotel, the petitioner is granted concession of bail. In the meanwhile, the petitioner is directed to join investigation on 09.01.2025 at 11:00 A.M. along with entire record before the Investigating Officer and cooperate with the Investigating Agency, even thereafter. In the event of arrest, the petitioner be released on interim bail subject to furnishing personal/surety bonds to the satisfaction of the Arresting/Investigating Officer and the petitioner shall abide by the conditions as envisaged under Section 482 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').

It is made clear that, in case, the petitioner is found involved in any such activity once again, the present concession so granted shall automatically stand vacated. Adjourned to 19.02.2025.

In case, it was found that the entry of the main accused was not found in hotel record, appropriate steps shall be taken by the authorities."

3.

Learned State counsel, on instructions from ASI Charanjit Singh, at the very outset, informs the Court that the petitioner has joined the investigation and his custodial interrogation is not required. 4.

In view of the statement of learned State counsel, order dated 31.12.2024 is hereby made absolute. The petitioner shall abide by the terms and conditions envisaged under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973). 5.

The petition stands disposed of.

(HARPREET SINGH BRAR) JUDGE 19.02.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2025.02.19 17:01 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh