Punjab-Haryana High Court
Rimpy Kaur vs State Of Punjab on 6 December, 2021
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
In the High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-31719-2021 (O&M)
Date of Decision:-6.12.2021
Rimpy Kaur ... Petitioner
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Aman Dhir, Advocate for the petitioner.
Mr. Ajay Pal Singh Gill, DAG, Punjab,
assisted by ASI Mangal Singh.
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GURVINDER SINGH GILL, J.(Oral)
1. The petitioner seeks grant of anticipatory bail in respect of a case registered against her vide FIR No.40 dated 29.06.2021 at Police Station Sehna, District Barnala, under Sections 22/25 of the NDPS Act (Section 29 of the NDPS Act added later on).
2. At the time of issuance of notice of motion on 9.8.2021, the following order was passed:
"The petitioner seeks grant of anticipatory bail in respect of a case registered against her vide FIR No.40 dated 29.06.2021 at Police Station Sehna, District Barnala, under Sections 22/25 of the NDPS Act (Section 29 of the NDPS Act added later on).
1 of 3 ::: Downloaded on - 07-12-2021 21:17:59 ::: (2) CRM-M-31719-2021 (O&M) As per the FIR, a secret information was received by the police to the effect that Amarjit Singh and Harjinder Singh indulged in sale of intoxicant tablets and that on the given day they were coming in a Zen car bearing registration No.PB-02-T-2340 for the purpose of sale of intoxicant tablets and were carrying such tablets in huge quantity. It is further the case of the prosecution that pursuant to receipt of said information, barricading was held and the car in question was intercepted and both the aforesaid accused were apprehended and 50000 tablets of 'Calcidol' apart from an amount of Rs.43,000/- was recovered. It is further the case of the prosecution that during the course of interrogation, Harjinder Singh suffered a disclosure statement to the effect that they had brought the said contraband from the petitioner.
Learned counsel for the petitioner has submitted that she is nowhere named in the FIR and has been nominated as an accused on the basis of disclosure statement, which would hardly carry any evidentiary value and that in fact she was never ever arrested at the spot.
Notice of motion for 06.12.2021.
Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to her furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C."
3. Learned State counsel, upon instructions from ASI Mangal Singh, has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation and is not required for any custodial interrogation. Learned State counsel has further informed that the petitioner stands involved in one more case.
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(3) CRM-M-31719-2021 (O&M)
4. Having regard to the fact that the petitioner is a lady and is stated to have joined investigation and is not even stated to be required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 9.8.2021 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.
6.12.2021 ( Gurvinder Singh Gill )
pankaj Judge
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
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