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2025 DAILYLAW 74353 (PNJ)

PANKAJ v. STATE OF HARYANA

CRM-M/34891/2025 · 2025-08-25

Aaradhna Sawhney

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1 CRM-M-34891 of 2025 (O&M) DECIDED ON: 25.08.2025. Pankaj .....PETITIONER VERSUS State of Haryana .....RESPONDENT CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY. Present: Ms. Divya Narula, Advocate for the petitioner. Ms. Shweta Nahata, DAG, Haryana. *** AARADHNA SAWHNEY. , J. Petitioner has approached this Court seeking grant of anticipatory bail in case FIR No. 288 dated 06.06.2025 registered against him under Sections 21(B)61/85 of NDPS Act, at Police Station Sirsa City. At the time of issuance of notice of motion on 07.07.2025, following order was passed: ‘‘Contends, inter alia, that petitioner was not named in the FIR; rather nominated on the basis of disclosure made by co-accused, namely, Yogesh Kumar, from whom recovery of 7.20 grams of Heroin (non- commercial quantity) is alleged to have been effected. Notice of motion. Mr. Kiran Pal Singh, learned AAG, Haryana accepts notice on behalf of the respondent; seeks time to have instructions and/or to file written response in the matter. Posted for 21.08.2025. In the meanwhile, petitioner shall join investigation before the Investigating Officer; but he be not arrested till the next date of hearing.’’ REEMA SAINI 2025.08.25 17:53 I attest to the accuracy and integrity of this document High Court, Chandigarh CRM-M-34891 of 2025 (O&M) -2- Status report in shape of affidavit of Sh. Adarshdeep Singh, HPS, Deputy Superintendent of Police, Sirsa, District Sirsa has been filed vide which it has been pointed out that petitioner has joined investigation and had disclosed that he is well known to co-accused Yogesh, who was arrested at the site keeping in his illegal possession 7.20 grams of Heroine (intermediate). Further, the said contraband was sold by him for Rs.8800/-. Petitioner also pointed out that he had introduced himself as ‘Rahul’ instead of ‘Pankaj’ and that he had got sim card number-70566-11567 issued in the said name (Rahul). At his instance the place where he had sold the contraband to co-accused Yogesh was also demarcated (which in any case was known to the police authorities). Learned State counsel submits that though pursuant to the interim directions issued by this Court, the petitioner has joined the investigation. But clarified that he (petitioner) is also is involved in another case of like nature (FIR No. 38 dated 17.1.2020 under Section 22 NDPS Act, at Police Station City Sirsa, where in he is on bail). In view of the aforesaid position, wherein the petitioner was admittedly not arrested at the spot nor any recovery was effected from him and pursuant to directions of this Court had joined investigation and had co-operated in the same, the Court is of the opinion that his custodial interrogation is not needed. Resultantly, the present petition stands allowed and the interim directions issued by this Court vide order dated 07.07.2025 are made absolute. However, the petitioner shall continue to join the investigation as and when REEMA SAINI 2025.08.25 17:53 I attest to the accuracy and integrity of this document High Court, Chandigarh CRM-M-34891 of 2025 (O&M) -3- required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. (AARADHNA SAWHNEY) 25.08.2025. JUDGE reema Whether speaking/reasoned Yes Whether reportable No REEMA SAINI 2025.08.25 17:53 I attest to the accuracy and integrity of this document High Court, Chandigarh