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2003 DIGILAW 891 (PNJ)

Harmail Singh v. Punjab State

2003-07-04

VIRENDER SINGH

body2003
ORDER Virender Singh, J. - Harmail Singh petitioner herein, is seeking anticipatory bail in a case FIR No. 162 dated 28.6.2002 under Sections 15/61/85 of the NDPS Act, Police Station, Banga District Nawanshahr. Para 13 of the petition reads as under :- "That petitioner has not filed any such or similar petition for bail earlier to this either in this Honble Court or in the Honble Supreme Court of India to the knowledge of the petitioner." 2. On June 2, 2003, the office was directed to tag the records of Criminal Misc. No. 31858-M of 2002 and Criminal Misc. No. 17885-M of 2003. The order has been complied with. 3. The petitioner had moved his first application for the same relief vide Criminal Misc. No. 31858-M of 2002 and that petition was filed by Mr. P.S. Hundal, Advocate. Notice was issued to the State and ultimately on August 22, 2002 the same was dismissed on merits by Honble Mr. Justice R.C. Kathuria. I have seen the said order. Thereafter, another application for anticipatory bail was filed by the present petitioner bearing Criminal Misc. No. 17885-M of 2003 and the same was taken up on 29.4.2003 on which date notice of motion was issued to the AG, Punjab. The interim relief was also granted to the petitioner. The perusal of the record of the above said petition shows that in the said application the petitioner had also asserted that he had not filed earlier any similar petition either in this Court or in the Honble Apex Court. The said application was, however, dismissed on merits by me on 5.5.2003. It is worthwhile to mention here that in the said case the petitioner had changed the counsel. 4. The present petition has now been filed by Mr. M.S. Uppal, Advocate who has not come present to assist the Court. 5. Since the bail application of the petitioners stands dismissed twice, no fresh ground for anticipatory bail is made out. The present petition is consequently dismissed. 6. Since the petitioner has not knocked the door of this Court with clean hands and had concealed the material facts of dismissal of two earlier petitions by this Court, a cost of Rs. 20,000/- is imposed upon the petitioner. The petitioner is directed to deposit the said amount in the Court of learned Chief Judicial Magistrate, Nawanshahr within one month from today. 20,000/- is imposed upon the petitioner. The petitioner is directed to deposit the said amount in the Court of learned Chief Judicial Magistrate, Nawanshahr within one month from today. In the event of the deposit of the said amount, the same would be sent to the Punjab Legal Services Authority. In case the petitioner does not comply with the order passed by this Court, the learned Chief Judicial Magistrate would take necessary steps to recover the amount according to law. Petition dismissed.