2024 Supreme(Online)(P&H) 326
HIGH COURT OF PUNJAB AND HARYANA
Gurvinder Singh Gill, J
ANKUR GOEL – Appellant
Versus
STATE OF HARYANA – Respondent
CRM-M-11846-2024 (O&M)
Advocates:
Mr. Bipan Ghai, Senior Advocate with Mr. Namit Khurana, Advocate, Mr. Nikhil Ghai, Advocate and Mr. Prabhdeep Singh Bindra, Advocate for the petitioner(s). Mr. Neeraj Sheoran, DAG, Haryana, assisted by SI Rajesh Kumar.
Anticipatory bail granted as petitioners joined investigation and were not required for custodial interrogation, emphasizing cooperation with authorities.
Headnote:(A) Indian Penal Code - Sections 420, 419, 467, 468, 471, 384, 389, 120-B - Essential Commodities Act, 1955 - Sections 3, 7 - Fertilizer Control Order, 1985 - Anticipatory bail - Petitioners sought anticipatory bail in connection with FIR alleging misuse of agricultural fertilizer for industrial purposes - Petitioners claimed false implication and lack of conscious possession of the fertilizer - Court noted petitioners joined investigation and were not required for custodial interrogation. (Paras 1-5)
(B) Anticipatory Bail - Conditions - Petitioners must join investigation and cooperate with the Investigating Officer as per Section 438(2) Cr.P.C. (Paras 5)
Facts of the case:
The petitioners, owners of a plywood factory, were accused of using agricultural fertilizer for industrial purposes, with allegations based on police recovery of urea bags near their premises.
Findings of Court:
The court accepted the petitions for anticipatory bail, noting the petitioners had joined the investigation and were not needed for custodial interrogation.
Issues: The main issues were the petitioners' involvement in the alleged offense and the necessity of custodial interrogation.
Ratio Decidendi: The court emphasized that the petitioners' cooperation in the investigation negated the need for custodial interrogation, affirming the principles governing anticipatory bail.
Result: Petitions accepted.
GURVINDER SINGH GILL, J . (Oral)
1. This order shall dispose of the aforesaid two petitions filed on behalf of petitioners Ankur Goel and Anish Garg seeking grant of anticipatory bail in respect of aforementioned FIR.
2. At the time of issuance of notice of motion in CRM-M-10820-2024, the following order was passed on 29.2.2024:
“The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No.24, dated 8.2.2024, at Police Station Jagadhri Sadar, District Yamuna Nagar, under Sections 420, 419, 467, 468, 471, 384, 389, 120-B of Indian Penal Code and Sections 3, 7 of Essential Commodities Act, 1955 read with Clause 5, 25, 28 of Fertilizer Control Order, 1985.
As per the case of prosecution, a secret information was received that the petitioner, who was owner of the plywood factory, was using fertilizer meant for agriculture purpose, whereas use of the same for industrial purpose is prohibited under Fertilizer Control Act. The information was further to the effect that on the given day a tractor-trolley was parked near the factor premises of the petitioner, which was loaded with 130 bags of urea fertilizer.
Pursuant to receipt of said information, the police reached at the spot and the tractor-trolley was found parked at the nominated place, which was found to be loaded with 130 bags of urea fertilizer meant for agriculture use.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and that, even if, all the allegations pertaining to recovery of tractor-trolley loaded with 130 bags of urea fertilizer meant for agriculture use are taken to be correct, still the petitioner cannot be attributed any conscious possession of the same inasmuch the trolley containing urea bags was not found within the factory premises of the petitioner, but was found parked near the premises. It has been submitted that the said tractor-trolley is not owned by the petitioner and that he is being involved on the basis of disclosure statement of the dealer and one Brijesh Kumar @ Rinku. It has been submitted that the petitioner otherwise has a clean record and has been carrying on his business strictly in accordance with the prescribed rules and law.
Notice of motion for 7.8.2024.
Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.”
3. Similar directions were issued in CRM-M-11846-2024 vide order dated 11.3.2024.
4. Learned State counsel, upon instructions from SI Rajesh Kumar, has informed that pursuant to interim directions, the petitioners have since joined investigation and they are not required for any custodial interrogation.
5. Having regard to the aforestated position, wherein the petitioners are stated to have joined investigation and are not required for any custodial interrogation, both the petitions are accepted and the interim directions issued by this Court vide order dated 29.2.2024 (in CRM-M-10820-2024) and order dated 11.3.2024 (in CRM-M-11846-2024) are hereby made absolute, subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C.
6. A copy of this order be placed on the file of connected case.
Click Here to Read the rest of this document
Back
