In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-2052 of 2009
Date of decision: 25.3.2009
Amit Kumar
......Petitioner
Versus
State of Haryana
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.Amandeep Singh, Advocate for
Mr.G.S.Hooda, Advocate,
for the petitioner.
Mr.Sidharth Sarup, AAG, Haryana.
Mr.Sandeep Chhabra, Advocate for the complainant.
****
SABINA, J.
This petition has been filed by Amit Kumar under Section
438 of the Code of Criminal Procedure (“Cr.P.C. for short) for grant of
anticipatory bail in case FIR No. 33 dated 21.1.2006, under Section
20 of the Narcotic Drugs and Psychotropic Substances Act, 1985
and Section 120-B of the Indian Penal Code registered at Police
Station Central, Faridabad.
FIR in question was registered against Narender Kumar,
who was found to be in possession of 170 gms. Charas. During
investigation, it transpired that the said Charas in question had been
Criminal Misc. No.M-2052 of 2009 -2-
procured by the petitioner and had been handed over to accused
Anchil Bhardwaj and Rajender Bhardwaj.
Learned counsel for the petitioner has submitted that the
petitioner was not named in the FIR and had been falsely involved in
this case. The petitioner has joined investigation in terms of order
dated 27.1.2009.
Learned State counsel, on the other hand, on instructions
from ASI Mohd. Ilyas, has submitted that although the petitioner has
joined investigation but his custodial interrogation is necessary as
during investigation, it had transpired that the petitioner had procured
the contraband in question, which was to be falsely planted on the
complainant.
Keeping in view the submissions made by learned State
counsel, no ground for grant of anticipatory bail is made out as during
investigation of the case it transpired that the petitioner had supplied
the contraband to his co-accused to falsely implicate the complainant
and his custodial interrogation is necessary.
Accordingly, this petition is dismissed.
(SABINA)
JUDGE
March 25, 2009
anita