The single-judge bench dismissed the petitioner's petition for pre-arrest bail in an NDPS case involving poppy husk. The court held that custodial interrogation is necessary for investigation and escape does not invalidate the prosecution version.
Petition for pre-arrest bail dismissed; petitioner not entitled to anticipatory bail.
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Crl. Misc. No.M-13368 of 2012
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-13368 of 2012 (O&M) Date of Decision : May 8th , 2012
Ajit Singh alias Jeet Singh
.... Petitioner
Versus
State of Haryana
.... Respondent
CORAM : HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not?
3.Whether the judgment should be reported in the Digest?
Present Mr. Saurabh Bhardwaj, Advocate, for the petitioner.
VIJENDER SINGH MALIK, J.
Ajit Singh alias Jeet Singh seeks pre-arrest bail in a case registered by way of FIR No. 41 dated 28.4.2012 at Police Station Ismailabad, District Kurukshetra for an offence punishable under sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Learned counsel for the petitioner has submitted that the petitioner is clamed to have escaped from the spot. According to him, he is a 62 years old person and he cannot be believed to have escaped before the police. According to him, there is no boundary wall to the
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house of the petitioner. He has further submitted that no independent witness was even joined for carrying out the search. He has further submitted that the petitioner made an application to DIG of Police expressing his apprehension of arrest by CIA.
It is a case where Punjab Singh son of Sukh Ram Singh, a resident of village Ratta Khera, Police Station Gulha, District Kaithal was apprehended with poppy husk. He disclosed that he had given four bags of poppy husk to Jeet Singh, the petitioner, which were there at his house. On this information, the police went to the house of the petitioner, who was found standing near a bag eating something. On seeing the police party, he managed to escape after scaling the rear wall of his house.
Even if the petitioner had made an application to DIG of Police expressing apprehension of his arrest, that cannot help the petitioner. Punjab Singh had given information to the police about the petitioner keeping in his possession poppy husk and it was necessary for the police to act according to the said information. People who deal with such contraband items are very quick in escape. The police is ill-suited to the skills of such persons. Mere fact that he escaped before the police casts no doubt on the prosecution version.
Though, the recovered quantity is non-commercial, yet the bail sought is anticipatory and in the opinion of this court, custodial interrogation of the petitioner is necessary for proper investigation of this case. Hence, the petitioner is not found entitled to pre-arrest bail. The
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petition is, consequently, dismissed .
(VIJENDER SINGH MALIK) JUDGE
May 8th , 2012 som
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail in an NDPS case where the quantity is non-commercial.
Whether the fact of the petitioner escaping before police negates the need for custodial interrogation.
1 provisions across 1 enactments
Ajit Singh alias Jeet Singh
State of Haryana
VIJENDER SINGH MALIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
