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(2021) Law Today Live Doc. Id. 15891
Decided on: 28.01.2021
Present:
Mr. Amit Chaudhary, Advocate for the petitioner.
Mr. Anant Kataria, DAG, Haryana.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 22(b), 27-A, 61, 85 – Indian Evidence Act, 1872 (1 of 1872), Section 25 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- NDPS case – Anticipatory bail – On contention that petitioner has been nominated on the basis of disclosure statement of Co-accused from whom the alleged contraband was recovered hit by Section 25 of the Evidence Act, interim bail was granted – Petitioner joined the investigation to the satisfaction of the Investigating Officer and not required in any further investigation of the case -- Petitioner is not involved in any other case -- Interim order made absolute.
(Para 2-6)
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RAJ MOHAN SINGH, J. (ORAL) –
1. The case has been taken up for hearing through video-conferencing.
2. This petition has been filed under Section 438 Cr.P.C. seeking anticipatory bail in case bearing FIR No.356 dated 11.11.2020 under Sections 22(b), 27-A, 61, 85 of the Narcotics Drugs and Psychotropic Substances Act registered at Police Station Bhuna District Fatehabad.
3. On 27.11.2020, while issuing notice of motion, following order was passed:-
“The case has been taken up for hearing through video-conferencing.
Learned counsel for the petitioner contends that the petitioner has been nominated on the basis of disclosure statement of Co-accused Parveen from whom the alleged contraband was recovered. The disclosure statement of coaccused as against the petitioner is hit by Section 25 of the Evidence Act.
Notice of motion 28.01.2021.
In the meanwhile, petitioner is directed to appear before the SHO/Investigating Officer to join investigation on 04.12.2020 at 11.00 a.m. and in the event of his arrest, he shall be enlarged on ad interim bail, subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of Arresting Officer. However, petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C”
4. Learned State counsel, on instructions from ASI Ashok Kumar, states that the petitioner has joined the investigation to the satisfaction of the Investigating Officer and he is not required in any further investigation of the case.
5. Learned counsel for the petitioner states that the petitioner is not involved in any other case.
6. In view of above, interim order dated 27.11.2020 is made absolute. However, the petitioner shall keep on joining the investigation as and when required to do so and he shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.
7. Petition stands disposed of.
Order accordingly.
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