Punjab-Haryana High Court
Ranjit Kaur vs State Of Punjab on 25 April, 2023
CRM-M-10585-2023 1
2023:PHHC:058388
210
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-10585-2023
Date of Decision: 25.04.2023
Ranjit Kaur ....Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER
Present : Mr. Kaushal Chahal, Advocate for
Mr. Parminder Singh Sekhon, Advocate
for the petitioner.
Mr. Harjinder S. Sidhu, A.A.G., Punjab.
HARSH BUNGER, J. (Oral)
Prayer in the present petition filed under Section 438 Cr.P.C. is
for grant of anticipatory bail to the petitioner in case FIR No.06, dated
12.01.2023 registered under Sections 15 and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985, at Police Station Tapa Mandi, District
Barnala.
2. On 01.03.2023 the following order was passed by this Court :-
"Prayer in this petition, filed under Section 438 of the Code
of Criminal Procedure, 1973, is for grant of anticipatory bail to
the petitioner, in case FIR No.06 dated 12.01.2023, registered
under Sections 15 and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short `the NDPS Act, 1985), at Police
Station Tapa Mandi, District Barnala.
Learned counsel for the petitioner contends that the
petitioner is innocent and has falsely been implicated in the
present case on the basis of disclosure statement of one Rajinder
Kaur @ Raji, from whom, 5 kgs of poppy husk was recovered at
the time when ASI Bhola Singh along with other police officials
HIMANI GUPTA
were on patrolling duty in the area of Village Alike and were
2023.04.27 12:26
I attest to the accuracy and
authenticity of this document/judgment
High Court, Chandigarh
2023:PHHC:058388
checking the suspected persons on 12.01.2023. Learned counsel
further submits that the petitioner has been enroped only because
of earlier dispute between the petitioner and her sister-in-law
Paramjit Kaur with Rajinder Kaur @ Raji, which was later on
settled with the intervention of panchayat and respectables of the
Village but still due to grudge, a wrong allegation has been made
by said Rajinder Kaur @ Raji, that she had purchased the
recovered poppy husk from the present petitioner. He further
submits that the petitioner is not named in the FIR nor she was
present at the spot and was nominated only under Section 29 of
the NDPS Act, 1985, and no private person or any respectable
person of the area was joined into the police party as private
witness. Learned counsel further submits that nothing is to be
recovered from the petitioner, yet, her bail application moved
under Section 438 of the Code of Criminal Procedure, before the
Court of Additional Sessions Judge, Barnala, has wrongly been
dismissed vide order dated 04.02.2023 (Annexure P-2). Learned
counsel further submits that the petitioner is not involved in any
other case except the present one. Learned counsel also submitted
that the petitioner is ready and willing to join investigation as and
when required by the Investigating Agency or as directed by this
Court/trial Court.
Notice of motion.
On the asking of the Court, Mr. Subhash Godara,
Additional Advocate General, Punjab, who is present in the Court,
accepts notice on behalf of the respondent-State and opposes the
petitioner's prayer for interim anticipatory bail on the ground of
seriousness of offence; however, he seeks an accommodation to
get instructions.
List on 25.04.2023.
In the meanwhile, in the event of arrest of the petitioner, she
shall be released on ad interim bail to the satisfaction of the
Investigating/Arresting Officer. However, she shall join the
investigation as and when directed by the investigating agency
and shall abide by the terms and conditions laid down under
Section 438(2) Cr.P.C.
A copy of the complete paper book be supplied to learned
State counsel by the learned counsel for the petitioner during
course of the day."
3. Learned counsel for the petitioner submits that pursuant to the
aforesaid order, the petitioner has joined the investigation.
4. Learned State counsel on instructions from SI Gurpal Singh has
not disputed the aforesaid fact of joining of investigation by the petitioner
HIMANI GUPTA
2023.04.27 12:26
I attest to the accuracy and
authenticity of this document/judgment
High Court, Chandigarh
2023:PHHC:058388
and submits that her custodial interrogation is not required at this stage.
5. Heard learned counsel for the parties.
6. Since the petitioner has joined the investigation and her
custodial interrogation is not required at this stage, the present petition is
allowed and the ad-interim order dated 01.03.2023 passed by this Court is
made absolute.
7. However, the petitioner shall continue to join the investigation
as and when required to do so and abide by all the conditions laid down
under Section 438(2) Cr.P.C.
8. It is made clear that if the petitioner fails to comply with any of
the bail conditions laid down under Section 438(2) Cr.P.C, the State would
be at liberty to move an application for cancellation of this anticipatory bail
granted to the petitioner.
9. Nothing expressed here-in-above shall be construed to be an
observation on merits of the case and the facts and circumstances recorded
above are only for consideration of the prayer for anticipatory bail at this
stage.
10. The petition is accordingly disposed of.
25.04.2023 (HARSH BUNGER)
Himani JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
HIMANI GUPTA
2023.04.27 12:26
I attest to the accuracy and
authenticity of this document/judgment
High Court, Chandigarh
