Manjinder Kaur @ Sona vs State Of Punjab
2023 Latest Caselaw 22395 P&H

Punjab-Haryana High Court

Manjinder Kaur @ Sona vs State Of Punjab on 20 December, 2023

SANDEEP SETHI
2023.12.21 09:42

2023:PHHC:164290
CRM-M-58507-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(219)
CRM-M-58507-2023
Date of Decision:-20.12.2023
Manjinder Kaur @ Sona

becca Petitioner
Versus
State of Punjab
beeen Respondent
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
3 2 3 3k
Present: Mr. L.S. Sekhon, Advocate for the petitioner.
Mr. Kamalpreet Bawa, AAG, Punjab.
3k 6 2 ie
ALOK JAIN, J. (Oral)

1, The present petition is for grant of anticipatory bail to the

petitioner in case FIR No.89 dated 22.08.2023, under Sections 22 and 29 of the NDPS Act, 1985, registered at Police Station Sadar Ahmedgarh, District Malerkotla (earlier District Sangrur).

2. Status report by way of affidavit of Sh. Davinder Singh, PPS, Deputy Superintednet of Police, Sub Division Ahmedgarh, District Malerkotla, has been filed on behalf of the respondent-State, which is taken on record.

3. In compliance of the order dated 20.11.2023, the Investigating Officer, ASI Sayed Shakil is present in Court and has submitted that there is enough evidence available to ensure conviction of the petitioner who is involved in drug racket. Vide the said order, the Investigating Officer was

called to explain as to why the necessary ingredients as required under the

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SANDEEP SETHI 2023.12.21 09:42

2023:PHHC:164290 CRM-M-58507-2023

NDPS Act were missing to which he could not reply satisfactorily, at least to the extent as to why no independent witness was called and there is not even an averment that the independent witness was sought to be added but none agreed.

4. Vide order dated 20.11.2023, this Court while granting the concession of interim anticipatory bail directed the petitioner to join investigation.

5. Learned State counsel, on instructions from ASI Sayed Shakil, submits that the petitioner has joined the investigation and his custodial interrogation is no longer required.

6. In view of above, the petition is allowed. The order dated 20.11.2023 granting interim anticipatory bail to the petitioner, is made absolute. However, the petitioner shall join the investigation as and when called upon to do so by the Investigating Agency and shall abide by the conditions of Section 438 (2) Cr.P.C.

7. However, nothing stated above shall be construed as a final expression of opinion on the merits of the case.

8. As a test case, it is put on record that in case the petitioner and other accused are acquitted in the present FIR, they shall be entitled to compensation which should be deducted from the salary of the Investigating Officer if in case it is found, that the present FIR was false and the police did not discharge its duty in accordance with law.

(ALOK JAIN)

JUDGE

December 20, 2023.

Sandeep

Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No

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