Single bench order granting anticipatory bail to the petitioner under Section 438 Cr.P.C. The court observed the petitioner joined investigation per prior orders, noting unrebutted recovery of 23 kgs of poppy husk from co-accused.
Anticipatory bail granted; interim order dated 29.7.2019 made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM-M-32040-2019 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM-M-32040-2019 (O&M). Decided on: December 17, 2019.
Mohd. Latif @ Difu
.. Petitioner
VERSUS
State of Punjab
.. Respondent
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
PRESENT Mr.Gazi Mohd. Umair, Advocate, for the petitioner.
Mr.Randhir Singh Thind, DAG, Punjab.
JASGURPREET SINGH PURI, J. (ORAL)
The present petition has been filed under Section 438 of the Code of Criminal Procedure (for short 'the Cr.P.C.)' praying for grant of anticipatory bail in FIR No.45 dated 30.6.2019, under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Sandaur, District Sangrur.
Learned counsel for the petitioner states that in pursuance of the order dated 29.7.2019, the petitioner has already joined investigation. This fact has not been disputed by the learned State counsel.
RAJ KUMAR ARORA 2019.12.18 11:13 I attest to the accuracy and integrity of this document
1
CRM-M-32040-2019 (O&M)
Learned counsel for the petitioner further submits that even otherwise there is recovery of 23 kgs. of poppy husk and that too from the co-accused.
I have heard the learned counsel for the parties and perused the record.
The petitioner has already joined investigation in pursuance of the orders passed by this Court and even otherwise also recovery is stated to be 23 kgs. of poppy husk from the co-accused.
The learned State counsel does not dispute the factual
position.
In view of above, considering the totality of the circumstances, the present petition is allowed. Interim order dated October 29.7.2019, is hereby made absolute.
December 17, 2019. (JASGURPREET SINGH PURI) raj arora JUDGE
Whether speaking / reasoned Yes / No Whether reportable Yes / No
RAJ KUMAR ARORA 2019.12.18 11:13 I attest to the accuracy and integrity of this document
2
1 issue framed by the court
Whether anticipatory bail should be granted in a case involving large quantity of poppy husk recovery.
3 provisions across 2 enactments
Mohd. Latif @ Difu
State of Punjab
Jasgurpreet Singh Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
