Punjab-Haryana High Court
Kuldeep Singh Alias K.S. Makhan (Nri) vs State Of Punjab And Others on 2 March, 2012
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
Criminal Misc. No. M- 5838 of 2012 1
In the High Court of Punjab and Haryana, at Chandigarh
Criminal Misc. No. M- 5838 of 2012
Date of Decision: 2.3.2012
Kuldeep Singh alias K.S. Makhan (NRI)
... Petitioner
Versus
State of Punjab and Others
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Raj Kumar Gupta, Advocate
for the petitioner.
Kanwaljit Singh Ahluwalia, J. (Oral)
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of the order dated 11.2.2012 (Annexure P7) passed by the Judge, Special Court, Jalandhar, in case FIR No. 262 dated 1.8.2006, registered at Police Station Nakodar, District Jalandhar, under Sections 8, 21, 25, 29, 60 & 61 of the Narcotic Drugs & Psychotropic Substances Act, 1985.
A perusal of the impugned order reveals that arrest warrants of the accused were received back as unexecuted with the report that he had absconded to Canada. The trial Court had ordered that a proclamation of the accused be issued for 3.3.2012.
It is contended by learned counsel for the petitioner that a Criminal Misc. No. M- 5838 of 2012 2 wrong report was obtained by the Investigating Agency that the petitioner had absconded to Canada. Learned counsel submits that the petitioner was never informed regarding filing of a final report under Section 173 Cr.P.C.
According to learned counsel, the petitioner was granted pre- arrest bail vide order dated 29.8.2011, passed by the Co-ordinate Bench of this Court in Criminal Misc. No. M-38438 of 2010 and the said order is still in vogue.
That being so, the petitioner can always file an application that the order granting pre-arrest bail to him is still intact and neither the same has been cancelled nor has been eclipsed due to intervening circumstances. Furthermore, the petitioner can assail the report given by the police official being wrong and pray that warrants of arrest, so issued against the petitioner, be withdrawn. In case such an application is filed, this Court has no doubt that the trial Judge, after examining necessary documents, to be tendered by the petitioner, shall pass an appropriate order in accordance with the provisions of law.
With the observations made above, the present petition is disposed of.
(Kanwaljit Singh Ahluwalia) Judge March 2, 2012 "DK"