Punjab-Haryana High Court
Nimon @ Nimo vs State Of Punjab on 24 November, 2023
RAJ KUMAR
2023.11.24 17:01
2023:PHHC: 149967
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
103
CRM-M_No.59295 of 2023
DATE OF DECISION : 24 NOVEMBER, 2023
Nimon alias Nimo
.... Petitioner
Versus
State of Punjab
.... Respondent
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
ke*E*K
Present: | Mr. Naresh Gopal Sharma, Advocate for the petitioner.
3K OK OK
RAJBIR SEHRAWAT, J. (Oral)
1. The present petition has been filed by the petitioner under
Section 438 of the Code of Criminal Procedure, for grant of anticipatory
bail in case FIR No.169 dated 18.09.2023 registered under Sections 21 &
22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at
Police Station Khanna City-2, District Khanna.
2. The counsel for the petitioner has submitted that the case
against the petitioner is totally frivolous and concocted one. The
petitioner is not involved in the crime as alleged against her. Even as per
the story of the prosecution the name of the petitioner is alleged to have
surfaced from the alleged secret information pursuant to which two co-
accused have been arrested by the police. However, mere assertion
against the petitioner does not constitute any offence under the Act, as
such. There is nothing coming out from the interrogation of the arrested
co-accused as well, involving the petitioner in the alleged crime. The
petitioner shall join the investigation as and when called by the police.
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integrity of this document/judgment
CRM-M_ No.59295 of 2023 2023:PHHC: 149967
Hence, the petitioner deserves to be protected against her arrest in the
present case.
3, Notice of motion.
4, Mr. Sandeep, Additional Advocate General, Punjab, accepts
notice on behalf of the State.
5. The counsel for the State, on instructions from ASI
Saudagar Singh, has submitted that the petitioner is involved in the drug
paddling. The secret information in this regard was received by the
police, pursuant to which two co-accused have already been arrested and
the contraband was recovered from them. However, it is not disputed by
counsel for the State that except the alleged secret information, there is
nothing with the police to show the involvement of the petitioner in the
crime. It is also not disputed that there is no other case against the
petitioner.
6. In view of the above, the present petition is allowed. In the
event of arrest, the petitioner be released on bail subject to her furnishing
personal bonds/surety to the satisfaction of Arresting/ Investigating Officer.
However, the petitioner shall join the investigation as and when called upon
to do so and shall abide by the conditions as provided under Section 438(2)
Cr.P.C.
24 November, 2023 (RAJBIR SEHRAWAT)
'Taj' JUDGE
Whether speaking/reasoned: Yes No
Whether Reportable: Yes No
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integrity of this document/judgment
