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Biru @ Bir Singh vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 14 July 2020 · Citation: (2020) 07 P&H CK 0064

HON’BLE JUDGES
Mahabir Singh Sindhu, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438, 438(2) · Narcotic Drugs And Psychotropic Substances Act, 1985 ^ — Section 15
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 12749 Of 2020 (O&M)
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Judgment

17 paragraphs · 271 words

Mahabir Singh Sindhu, J

Present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case bearing FIR No.43 dated 21.03.2020,

under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Guhla, District Kaithal.

This Court, while issuing notice of motion on 21.05.2020, passed the following order:-

“Contends that recovery is alleged to be 18 kg of poppy husk and that too, from his co-accused Sukhdev Singh @ Kaka. Also contends that there

is no other criminal case pending against the petitioner.

Notice of motion for 14.07.2020.

Mr. Kuldip Tiwari, Addl.A.G., Haryana, accepts notice on behalf of the State.

In the meantime, the petitioner is directed to join investigation before the investigating officer. In the event of his arrest, the arresting officer would

admit him to interim bail,till the next date of hearing, on his furnishing adequate bail and surety bonds to his satisfaction. The petitioner is also directed

to abide by all the conditions as envisaged under Section 438(2) of Code of Criminal Procedure, 1973.        â€​

Contends that in terms of the above order, petitioner has joined the investigation.

Learned State Counsel, on instructions, has acknowledged that in terms of order dated 21.05.2020, petitioner has joined the investigation and his

custodial interrogation is not required.

In view of above, interim order dated 21.05.2020 is made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C.

It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation.

Disposed off accordingly.