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Judgment
12 paragraphs · 321 wordsHarnaresh Singh Gill, J
Case is taken up for hearing through video conferencing.
Through this petition, the petitioner seeks anticipatory bail in case FIR No.427 dated 13.07.2020, registered at Police Station City Sirsa, District Sirsa, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
A Coordinate Bench, on 31.07.2020, passed the following order:
"Case taken up through video conferencing. Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in this case; no recovery has been made from him; there is no other criminal case pending against him; he has been sought to be arrested on the disclosure statement made by co-accused from whom 15 kgs poppy husk has been recovered.
Notice of motion.
Ms. Tansiha Peshawaria, DAG, Haryana accepts notice on behalf of the respondent-State and prays for time to argue the matter.
Adjourned to 21.09.2020.
In the meanwhile subject to the petitioner's joining investigation as and when called by the investigating agency as also abiding by the other conditions provided under Section 438 (2) Cr.P.C, in the event of his arrest in FIR No.427 dated 13.07.2020 registered under Sections 15/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station City Sirsa, District Sirsa he shall be released on ad interim anticipatory bail to the satisfaction of the Arresting Officer."
Learned counsel for the petitioner submits that pursuant to the order dated 31.07.2020 passed by the Coordinate Bench, the petitioner has joined the investigation.
Learned State counsel, on instructions from ASI Jagjeet Singh, submits that the petitioner joined the investigation on 26.08.2020 and is now not required for any further investigation.
In view of the above, without commenting on the merits of the case, the present petition is allowed and the order dated 31.07.2020 granting interim bail to the petitioner, is made absolute, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure.