Punjab-Haryana High Court
Avtar Singh vs State Of Punjab on 18 October, 2012
Author: Paramjeet Singh
Bench: Paramjeet Singh
Crl. Misc. No. M-33220 of 2012 (O&M) -: 1 :-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Misc. No. M-33220 of 2012 (O&M)
Date of decision: October 18, 2012.
Avtar Singh
... Petitioner(s)
v.
State of Punjab
... Respondent(s)
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present: Shri P.S. Jammu, Advocate, for the petitioner.
Paramjeet Singh, J. (Oral):
The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case arising out of FIR No.132 dated 16.8.2012, registered at Police Station City Kotkapura, District Faridkot, under Sections 21/22/25/61/85 of the Narcotic Drugs & Psychotropic Substances Act, 1985.
Learned Counsel for the petitioner contends that the petitioner is owner of the motorcycle only and he is not at all involved. He further submits that the petitioner is a chemist and has been falsely implicated this time and on earlier occasion, wherein he was acquitted.
I have considered the contentions of learned Counsel for the petitioner.
Admittedly, petitioner has been earlier prosecuted for the similar offence although he was not convicted but the fact remains that in the present case the motorcycle in question belongs to the petitioner. It has Crl. Misc. No. M-33220 of 2012 (O&M) -: 2 :- come in the FIR that the motorcycle slipped and some of the vials fell from the pocket of the person who ran away from the spot and one of the co- accused Amrit Pal was arrested at the spot and the recovery was effected. Title of ownership of the motorcycle is not in dispute.
Keeping in view the fact that the petitioner was earlier involved in such like activities, so to find out the truth, custodial interrogation is necessary. No ground is made out for the grant of anticipatory bail.
Dismissed.
[ Paramjeet Singh ] October 18, 2012. Judge kadyan