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(2020) Law Today Live Doc. Id. 15136 = 2020 L.A.R. (e-Suppl.) 387
Decided on: 17.07.2020
Present:
Mr. D.S. Virk, Advocate for the petitioner.
Mr. Amit Aggarwal, DAG, Haryana.
Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Narcotic Drugs and Psychotropic Substances, Act, 1985 (61 of 1985), Section 22, 61 – Anticipatory bail -- 450 tablets of tramadol recovered from co-accused, who apprehended at the spot, named another person from whom he purchased – Later petitioner has been implicated on the statement of other co-accused – On direction, petitioner joined Investigaiton and released on ad-interim bail – In view that petitioner joined investigation and not required for custodial interrogation, the Covid-19 Pandemic, the order granting interim bail to the petitioner is made absolute.
(Para 2-6)
JUDGMENT
ANUPINDER SINGH GREWAL, J. (ORAL) –
1. Heard through video conferencing.
2. The petitioner is seeking anticipatory bail in FIR No.66 dated 16.03.2020, under Sections 22/61 of the NDPS Act, registered at Police Station Kalanwali, district Sirsa.
3. Learned counsel for the petitioner contends that the allegations in the FIR are that 450 tablets of tramadol were recovered from accused Bhola Ram, who was apprehended at the spot. Bhola Ram is stated to have named Shivraj Singh as the person from whom he had purchased the tablets and later the petitioner has been implicated on the statement of co-accused Shivraj Singh. He also contends that the petitioner is not involved in any other case under the NDPS Act.
4. This Court, by the order dated 21.05.2020, had directed the petitioner to appear before the Investigating Officer and join the investigation and in the event of his arrest, he was ordered to be released on ad-interim bail to the satisfaction of the Investigating/Arresting Officer, subject to the conditions envisaged under Section 438(2) Cr.P.C.
5. Learned State counsel, upon instructions states that the petitioner has joined investigation and is not required for custodial interrogation.
6. In view of the submissions of learned counsel for the petitioner and the petitioner having joined investigation and not required for custodial interrogation, the Covid-19 Pandemic, the order dated 21.05.2020 granting interim bail to the petitioner is made absolute.
7. However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join investigation as and when called upon to do so.
8. The petition stands disposed of.
Petition allowed.
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