AJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of the instant petition preferred under Section 438 Cr.P.C. seeking the concession of anticipatory bail to the petitioner in case FIR No. 34 dated 7.3.2014, under Sections 15 of NDPS Act, 1985, registered at Police Station GRP Ambala Cantt., District Ambala.

(2.) On 05.06.2014, while issuing notice of motion, the following order was passed by this Court :- "The learned counsel contends that the recovery is not effected from the petitioner. He is not involved in any other FIR. Notice of motion for 18.07.2014. At the asking of the Court, Mr. Deepak Bura, Public Prosecutor, Haryana, accepts notice. A complete copy of the paper book has been handed over to the learned State counsel, in the Court. Meanwhile, in the event of arrest of the petitioner by the Arresting Officer, he shall be released on interim bail subject to the following conditions :-

(3.) Learned State counsel upon instructions from SI Ajay Kumar would concede to the fact that the alleged recovery of contraband was in the nature of 14kgs. 700gms. of poppy husk and that also not from the present petitioner but from co-accused Vijay. It has also gone un-controverted that the present petitioner has been sought to be implicated on the disclosure statement suffered by co-accused Vijay. Even otherwise, the alleged recovery i.e. 14kgs. 700gms. of poppy husk would be construed as non-commercial. The petitioner having joined investigation, his custodial interrogation as such would not be warranted. Accordingly, the present petition is allowed and the order dated 05.06.2014 passed by this Court is made absolute. Final Result : Disposed Off