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2025 DAILYLAW 35519 (PNJ)

ASLAM NOOR v. STATE OF PUNJAB

CRM-M/15910/2025 · 2025-05-27

Sanjiv Berry

body2025

Judgment text

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CRM-M-15910-2025 -1 212 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-15910-2025 Date of decision:-27.05.2025 ASLAM NOOR ... Petitioner Versus STATE OF PUNJAB ... Respondent CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY. Present:- Mr. J.S. Jaidka, Advocate, for the petitioner. Mr. K.D.Sachdeva, DAG, Punjab. ***** SANJIV BERRY, J.(ORAL) By way of present petition filed under Section 482 of the Bharaitya Nagarik Suraksha Sanhita, 2023, petitioner seeks anticipatory bail in case FIR as under: FIR No. Dated Sections Police Station 28 24.02.2024 15, 25 of NDPS Act Sadar Jagraon 2. Learned counsel for the petitioner submits that in compliance to the order dated 08.04.2025 passed by this Court, the petitioner has already joined the investigation and as such prayed for confirming the interim bail granted vide order dated 08.04.2025. 3. Learned State counsel, on instructions from Inspector Kikar Singh, Investigating Officer, intimates the Court that the petitioner has joined investigation and is neither required for further investigation nor for any custodial interrogation. Gyan Chand 2025.05.30 13:34 I attest to the accuracy and integrity of this document CRM-M-15910-2025 -2 4. During the course of hearing on 08.04.2025 following order was passed: “ Reply dated 07.04.2025 in the form of an affidavit of Deputy Superintendent of Police (D), Police District Ludhiana (Rural), has been filed. The same is taken on record. Copy thereof has been supplied to learned counsel for the petitioner. 2. Heard. 3. Learned counsel for the petitioner, inter alia, contends that the petitioner is having no criminal antecedents and has been falsely implicated in this case only on account of being the owner of the truck which was recovered from the possession of co-accused Shankar Lal along with one Rattan Lal, a co- passenger carrying contraband. Admittedly, the petitioner was not present at the spot. The recovery has already been effected. Apart from some calls inter se the petitioner and the driver, there is nothing on record, as per ASI Manohar Lal present in Court, to connect the petitioner with the alleged crime. There is nothing unusual for the owner of the vehicle to communicate with the driver in daily routine. The petitioner has no criminal antecedents. 4. Be it the case, without commenting on the merits of the case, the petitioner is hereby directed to join investigation within seven days from today and in the event of his arrest, he is ordered to be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 482 (2) of BNSS, 2023. 5. Investigating Officer of the case to remain present along with record on the next date of hearing. 6. List on 07.05.2025..” 5. Keeping in view the above submissions made by learned State Gyan Chand 2025.05.30 13:34 I attest to the accuracy and integrity of this document CRM-M-15910-2025 -3 counsel and the fact that the petitioner had joined the investigation consequent to the order dated 08.04.2025 passed by this Court, interim bail granted vide order dated 08.04.2025 is hereby confirmed, subject to conditions as envisaged under Section 482 (2) of BNSS, 2023. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court. 6. The petition stands allowed. 7. It is made clear that anything contained hereinabove shall not be construed to be an expression of opinion on the merits of the case. (SANJIV BERRY) JUDGE 27.05.2025 Gyan i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No Gyan Chand 2025.05.30 13:34 I attest to the accuracy and integrity of this document