The High Court of Punjab and Haryana dismissed a petition filed by Mukhtiar Singh challenging a 2008 order declining anticipatory bail. The Court noted the petitioner had been declared a proclaimed offender in 2009 without disclosing this fact and directed police to explain his lack of arrest for over two years.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl. Misc. No.M-23372 of 2010
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No.M-23372 of 2010 Date of decision : 24-08-2010
Mukhtiar Singh
.... Petitioner
VERSUS
State of Punjab
....Respondent
CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Vivek K. Thakur, Advocate, for the petitioner.
Ms. Ambika Luthra, AAG, Punjab, for the respondent – State.
KANWALJIT SINGH AHLUWALIA, J. (Oral)
The order dated August 19, 2010, passed by this Court
reads as under:-
“This Court, on August 7, 2008, had passed the following order:-
“... 50 bags of poppy husk were recovered. Two persons were arrested. Petitioner is alleged to have escaped from the spot. No anticipatory bail can be granted to the petitioner in the matter pertaining Narcotic Drugs and Psychotropic Substances Act, 1985.
No merits. Dismissed.”
Learned counsel for the petitioner has brought into the notice of this Court that in order dated 7.8.2008, whereby prayer for grant of pre-arrest bail to the petitioner was declined, inadvertently, instead of 15, 50 bags of poppy husk were stated to have been recovered from the petitioner.
The pre-arrest bail of the petitioner was declined on 7.8.2008. An FIR in the present case was registered on
Crl. Misc. No.M-23372 of 2010
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11.6.2008.
Till today, the petitioner has not been arrested. The Senior Superintendent of Police, Jalandhar, shall remain present in the Court, to explain as to why for the last more than two years, the petitioner has not been arrested or that he has not been declared as a proclaimed offender.
List on 24.08.2010.
A copy of this order, under the signatures of the Special Secretary of this Court, shall be furnished to Ms. Ambika Luthra, Assistant Advocate General, Punjab, for onwards transmission and compliance.”
Sh. Raj Jit Singh, PPS, Superintendent of Police, Jalandhar Rural, Jalandhar has filed an affidavit in this Court. Para 3 and 4 of the affidavit reads as under:-
Crl. Misc. No.M-23372 of 2010
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18.08.2010 and 20.08.2010, however, despite the consistent efforts made by the local police to arrest the petitioner, he could not be arrested.
Petitioner was declared as proclaimed offender on 24.02.2009. Without diclosing and pleading this fact, present petition has been filed.
Dismissed with costs of Rs.10,000/-.
Sh. Raj Jit Singh, Superintendent of Police, however, assures this Court that vigorous efforts shall be made to apprehend the petitioner.
24-08-2010
(KANWALJIT SINGH AHLUWALIA) JUDGE
manju
2 issues framed by the court
Whether the petitioner, who had not been arrested despite a pre-arrest bail decline and being declared a proclaimed offender, was entitled to the relief sought in the current petition.
Whether the petitioner had disclosed the fact of being declared a proclaimed offender before filing the present petition.
Mukhtiar Singh
State of Punjab
Kanwalsingh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
