The High Court dismissed the petition for anticipatory bail under Section 438 Cr.P.C. regarding charges of selling poppy husk under Section 15 NDPS Act, holding the petition devoid of merit due to serious allegations and identification.
Application for anticipatory bail dismissed as devoid of merit.
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.
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Crl.M.No.M-17611 of 2013(O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.M.No.M-17611 of 2013(O&M) Date of Decision: May 27, 2013
Rulia Singh
.....Petitioner
v.
State of Punjab
......Respondent
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.Sandeep Arora, Advocate for the petitioner.
.....
RAM CHAND GUPTA, J.(Oral)
The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.127, dated 21.10.2012, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Lohian, Jalandhar.
I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Special Judge, Jalandhar, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed.
Brief allegations are that there was secret information with the police that petitioner alongwith co-accused Kulwinder Singh @ Kinder was indulging in sale of poppy husk in a large scale. Raid was conducted at the land belonging to petitioner-accused in the area of village Pipli near the river bed of Satluj by the side of Katcha path. Petitioner alongwith coaccused was found present there. However, after seeing the police party, he succeeded in running away. He was identified by HC Balwinder Singh as he was earlier known to him. Co-accused Kulwinder Singh was apprehended and poppy husk weighing 240 kgs was recovered.
It has been contended by learned counsel for the petitioneraccused that he was not apprehended at the spot and he has been falsely implicated in this case just on the basis of suspicion.
However, there are serious allegations against petitioner-
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Crl.M.No.M-17611 of 2013(O&M)
accused. He was identified by the police official. Recovery was allegedly effected from the property belonging to him. Hence, his custodial interrogation is necessary.
Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitionerRulia Singh for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.
27.5.2013 (Ram Chand Gupta) meenu Judge
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. given the allegations of large-scale selling of poppy husk.
2 provisions across 2 enactments
Rulia Singh
State of Punjab
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
