Punjab-Haryana High Court
Raghbir Singh vs State Of Punjab on 18 September, 2014
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc. No. M-26579 of 2014 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
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Crl. Misc. No. M-26579 of 2014 Date of decision : September 18, 2014 ***** Raghbir Singh ............Petitioner Versus State of Punjab ...........Respondent ***** CORAM: HON'BLE MS. JUSTICE RITU BAHRI ***** Present: Mr. Inderjit Sharma, Advocate for the petitioner.
Mr. Anmol Grewal, AAG, Punjab.
***** RITU BAHRI, J Present petition has been filed for the grant of anticipatory bail to the petitioner in case FIR No. 23 dated 28.1.2014 under Sections 15/61/85 of NDPS Act 1985 registered at Police Station Salem Tabri, Ludhiana.
As per the allegations in the FIR, Raghbir Singh son of Teja Singh, Nirmal Singh son of Maghar Singh and Gagandip Singh son of Leel Singh were arrested along with poppy husk by the police of Dirba District, Sangrur and out of them Raghbir Singh son of Teja Singh ran away from the spot. As per the information given by the informer, the accused persons have taken a Kothi No. R-18, New Grain Market Jain Colony, PS Salem Tabri District Ludhiana on rent RITU and the house belonged to Jasbir Singh relative of Raghbir Singh 2014.09.26 10:47 I attest to the accuracy and authenticity of this document Chandigarh Crl. Misc. No. M-26579 of 2014 2 who has gone abroad. Huge quantity of poppy husk was stored in that house and sold to the customers as per their demand.
Learned counsel for the petitioner submits that the petitioner is neither named in the FIR nor in possession of the above said house. He was not present at the spot when the recovery was made. On the date of the incident, the petitioner was admitted in hospital at Bikaner as per Annexures P-1 and P-2. The bail application has been declined on the ground that 5 quintals 40 Kgs. poppy husk has been recovered and the custodial interrogation of the accused Raghbir Singh was necessary.
The respondents in the written statement dated 11.9.2014 have stated that FIR No. 23 dated 28.1.2014 under Sections 15/61/85 NDPS Act at Police Station Salem Tabri, Ludhiana has been registered against the petitioner and his co-accused and during the search of the said house, 540 Kgs. of poppy husk were recovered from the said house as stated in the FIR which belongs to one Jasbir Singh relative of the petitioner. Another FIR No. 15 dated 28.1.2014 registered at Police Station Dirba, District Sangrur has been registered and truck bearing No. JH-17D-5992 loaded with 700 Kgs. of poppy husk was apprehended. The truck was owned by the present petitioner but he ran away from the spot and is still absconding. The petitioner being a big smuggler and is dealing in the sale of contraband. On 5.7.2014, challan against Nirmal Singh son of Magar Singh resident of Village Barundi Police Station Raikot, District Ludhaiana and Gangandeep Singh @ Gaggi son of Leel RITU 2014.09.26 10:47 I attest to the accuracy and authenticity of this document Chandigarh Crl. Misc. No. M-26579 of 2014 3 Singh resident of Ward No. 19, Beer Nagar has been presented.
Keeping in view that two FIRs have been registered against the present petitioner with regard to the heavy commercial quantity of poppy husk, no ground for grant of anticipatory bail is made out.
September 18, 2014 ( RITU BAHRI )
ritu JUDGE
RITU
2014.09.26 10:47
I attest to the accuracy and
authenticity of this document
Chandigarh