This order converts an interim anticipatory bail direction into a final order for the petitioner, who has joined the investigation into an NDPS case where he was not named in the FIR but disclosed by co-accused.
The interim order granting anticipatory bail is made absolute subject to joining investigation and abiding by Section 438(2) Cr.P.C.
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.
In The High Court for the States of Punjab and Haryana At Chandigarh
CRM-M-36340-2024 (O&M) Date of Decision:- 26.11.2024
Krishan Kumar .... Petitioner
Versus
State of Haryana ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:Ms. Prabhjot Kaur Virk, Advocate, for the petitioner.
Mr. Munish Sharma, DAG, Haryana.
| FIR | DATE | POLICE STATION | OFFENCES |
|---|---|---|---|
| NO. | |||
| 112 | 16.06.2024 | Garhi, District Jind | 21(B) of NDPS Act |
GURVINDER SINGH GILL, J . (Oral)
MOHAN SINGH 2024.11.27 10:22 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh
CRM-M-36340-2024 (O&M) - 2 -
“The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No.112, dated 16.6.2024 at Police Station Garhi, District Jind, Haryana, under Section 21(B) of Narcotic Drugs and Psychotropic Substances Act, 1985.
As per the case of prosecution, Rakesh Kumar @ Keshu and Rekha were apprehended by the police pursuant to receipt of secret information and from whose possession, 12 grams of ‘heroin’ was recovered. It is further the case of prosecution that during the course of interrogation, the aforesaid Rakesh Kumar @ Keshu and Rekha disclosed that they purchased the said contraband from petitioner Krishan Kumar.
Learned counsel for the petitioner submits that the petitioner is nowhere name in the FIR and came to be nominated on the basis of a disclosure statement of co-accused, which would hardly carry any evidentiary value in the absence of any other connecting evidence. It has further been submitted that no recovery whatsoever was ever effected from the petitioner.
Notice of motion for 26.11.2024.
Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the 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.”
MOHAN SINGH 2024.11.27 10:22 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh
CRM-M-36340-2024 (O&M)
- 3 -
by this Court vide order dated 31.07.2024 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.
26.11.2024 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No
MOHAN SINGH 2024.11.27 10:22 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh
1 issue framed by the court
Whether to convert the interim anticipatory bail order into a final order given the petitioner has joined investigation.
2 provisions across 2 enactments
Krishan Kumar
State of Haryana
Gurvinder Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
