Bhinder Singh v. State Of Haryana

CRM-M-63933-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-63933-2024 Decided on : 06.02.2025 BHINDER SINGH .... PETITIONER V/S STATE OF HARYANA .... RESPONDENT CORAM : HON'BLE MR. JUSTICE KARAMJIT SINGH Present :

Mr. Vishal Sharda, Advocate for the petitioner.

Mr. Parveen Kumar Aggarwal, DAG, Haryana.

**** Karamjit Singh, J.(Oral) 1.

Prayer is for grant of anticipatory bail to the petitioner in criminal case having FIR No.433 dated 24.11.2024 registered under Sections 21(b), 29/61/85 of NDPS Act, at Police Station City Mandi Dabwali, District Dabwali.

2.

The allegation in nutshell are that the police recovered 7.19 grams of heroin from co-accused Kulwinder Singh @ Kandi and on the basis of disclosure statement suffered by said co-accused, the present petitioner was nominated as an accused. The petitioner apprehending his arrest has filed the present petition seeking grant of anticipatory bail. 3.

On the last date of hearing it was brought to notice of this Court that aforesaid recovery of contraband comes under non-commercial quantity and the rigors of Section 37 of NDPS Act are not applicable to the same. Anju Goel 2025.02.07 12:59 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-63933-2024 -24.

In the light of aforesaid facts and circumstances, the petitioner was granted interim bail with a direction to join investigation by this Court vide order dated 09.01.2025.

5.

Today, counsel appearing for the petitioner apprised the Court that in compliance of the aforesaid order, the petitioner has joined the investigation with the police.

6.

State counsel, on instructions from SI Vijay has not disputed the aforesaid assertion made by counsel for the petitioner and further stated the petitioner is no longer required for the purpose of further investigation in the present case. The veracity, admissibility and relevance of disclosure statement, if any, suffered by co-accused against the present petitioner will be tested during trial.

7.

In view of the above, without commenting on the merits of the case, the present petition is allowed and order of interim bail dated 09.01.2025 is hereby made absolute subject to the conditions as envisaged under Section 482(2) of BNSS, 2023.

(KARAMJIT SINGH) 06.02.2025 JUDGE anju Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No Anju Goel 2025.02.07 12:59 I attest to the accuracy and integrity of this document Chandigarh