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(2020) Law Today Live Doc. Id. 15622 = 2020 L.A.R. (e-Suppl.) 1957
Decided on: 16.11.2020
Present:
Mr. Jitender Kumar Sehrawat, Advocate for the petitioner.
Mr. Karan Sharma, AAG, Haryana, assisted by ASI Ashok Kumar.
(proceedings conducted through video conferencing)
Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 18, 27-A – NDPS case – Anticipatory bail -- Recovery of 1 kilogram and 100 grams of ‘opium’ from co-accused – Petitioner has been nominated on the basis of disclosure statement and has already joined investigation, his custodial interrogation is not warranted – Petition accepted and the interim directions made absolute.
(Para 2-4)
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GURVINDER SINGH GILL, J. (ORAL) –
1. The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.287 dated 14.9.2020 at Police Station Bhuna, District Fatehabad, Haryana under Sections 18/27-A of Narcotic Drugs and Psychotropic Substances Act, 1985.
2. It is the case of prosecution that co-accused Sonu Kumar @ Kala was found in possession of 1 kilogram and 100 grams of ‘opium’, who upon interrogation disclosed that it is the petitioner who had supplied the said contraband.
3. The learned State counsel, upon instructions from ASI Ashok Kumar, has informed that pursuant to interim directions the petitioner has joined investigation and is cooperating with the police. The learned State counsel has further informed that the petitioner is not involved in any other case.
4. Having regard to the facts and circumstances of the case especially that the petitioner has been nominated on the basis of disclosure statement and has already joined investigation, his custodial interrogation is not warranted. The petition, as such, is accepted and the interim directions issued by this Court vide order dated 13.10.2020 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.
Petition allowed.
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