Dismissed

Balvir Singh Alias Bira v. State of Punjab

Punjab & Haryana HC28 Aug 2012CRM-M/26075/2012

Case brief

AI extract

What is this about?

This oral judgment dismisses an application for anticipatory bail under Section 438 Cr.P.C. in an NDPS case involving recovery of poppy husk, holding that custodial interrogation is necessary due to the serious allegations and reliable police information.

What did the court decide?

Application for anticipatory bail dismissed as devoid of merit; custodial interrogation ordered as necessary.

Balvir Singh Alias Bira Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2012)

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Crl.M.No.M-26075 of 2012(O&M)

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-1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl.M.No.M-26075 of 2012(O&M) Date of Decision: August 28, 2012

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Balvir Singh alias Bira

.....Petitioner

State of Punjab

......Respondent

CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA

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Present: Mr.Raj Kumar Gupta, Advocate for the petitioner.

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......

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RAM CHAND GUPTA, J.(Oral)

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Crl.M.No.50260 of 2012

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Application is allowed subject to all just exceptions.

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Crl.M.No.M-26075 of 2012

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The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.85, dated 20.6.2012, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Dharamkot, District Moga.

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I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Judge, Special Court, Moga, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed.

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Brief allegations are that police party was on patrol duty for detection of crime when a secret information was received that present petitioner-accused was coming from the side of Kishanpur in Scorpio vehicle bearing No.HR 03 E 5781 alongwith huge quantity of poppy husk.

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Crl.M.No.M-26075 of 2012(O&M) -2-

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As the information was reliable, nakabandi was laid and the said vehicle was seen coming from the side of Kishanpur. Signal was given by search light by Sub Inspector to the driver of the vehicle to stop and, however, he stopped the vehicle at some distance from police party and succeeded in running away after leaving the vehicle. The vehicle was searched and on search it was found that the same was containing 16 bags of poppy husk weighing 35 kg each. Accused was also identified by Head Constable Nishan Singh.

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It has been contended by learned counsel for the petitioneraccused that he has been falsely implicated in this case later on and that it cannot be said that petitioner could run in the presence of so many police officials.

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Be that as it may, name of the petitioner has been mentioned in the FIR. His complete address has also been given. He was identified by police official while running. There is heavy recovery of poppy husk from the vehicle being occupied by the petitioner-accused. Hence, in view of these facts, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused. Rather, his custodial interrogation is necessary.

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Without expressing any opinion on the merits of the case, the present petition filed by petitioner-Balvir Singh alias Bira for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.

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28.8.2012

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(Ram Chand Gupta) Judge

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meenu

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Crl.M.No.M-26075 of 2012(O&M) -3-

Balvir Singh Alias Bira v. State of Punjab

Case brief

What is this about?

What did the court decide?

Balvir Singh Alias Bira v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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