CRM No. M-25850 of 2008 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-25850 of 2008 (O&M) Date of decision: 27.7.2009 Nirmal Singh and another ...Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. H.S. Rakhra, Advocate, for the petitioners. Mr. Shailesh Gupta, DAG, Punjab. Rajan Gupta, J. The contraband alleged to have been recovered was concededly non-commercial in character. The petitioners were not apprehended at the spot. The correctness of the prosecution presentation that the accused had been identified at the spot itself before they fled from there, would be determined only after substantive evidence has been adduced at the trial. Learned State counsel (on instructions from Head Constable Gurtej Singh, who is present in Court) submits that pursuant to order dated October 24, 2008, the petitioners have joined the investigation and are no longer required for custodial interrogation. In view of the statement made by learned State counsel, the CRM No. M-25850 of 2008 2 interim order dated October 24, 2008 is hereby made absolute subject to the conditions as envisaged under Section 438 (2) Cr.P.C. The petition stands disposed of. (RAJAN GUPTA) JUDGE July 27, 2009 'rajpal'