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2012 DIGILAW 829 (PNJ)

Rana v. State of Punjab

2012-07-03

MEHINDER SINGH SULLAR

body2012
JUDGMENT Mr. Mehinder Singh Sullar, J.: (Oral) - Petitioner Rana son of Bansa has applied for anticipatory bail in a case registered against him, by virtue of FIR No.65 dated 18.5.2012, on accusation of having committed an offence punishable under section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 by the police of Police Station Goraya, Distt. Jalandhar, invoking the provisions of section 438 Cr.PC. 2. Concisely, the prosecution case is that on 18.5.2012, a police party headed by Sarabjit Rai SHO of Police Station Goraya received a secret information that a truck bearing registration No.PB-07-M-9917 containing poppy husk was parked at the brick kiln of Manjit Singh alias Billa son of Tarsem Singh by accused Jassa, his brother Sonu, Gopi and Rana (petitioner). They were in the process of dividing the poppy husk between themselves equally. If raid is conducted, then, all the accused could be apprehended alongwith the truck containing poppy husk. Believing the secret information credible, the police party raided the spot and after following all the codal formalities, the truck was searched. In the wake of search, 40 bags each containing 40 Kgs. of poppy husk were recovered from the truck, which were kept hidden under 130 bags of Chokar by the accused. 3. Levelling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that 40 bags each containing 40 Kgs. of poppy husk were recovered from the possession of the accused. In the background of these allegations and in the wake of ruqqa, the present case was registered against the accused in the manner indicated hereinabove. 4. After hearing the learned counsel for the petitioner, going through the record with his valuable help and after considering the entire matter deeply, to my mind, there is no merit in the instant application. 5. The solitary argument of learned counsel that since the petitioner was not apprehended from the spot and his identity is doubtful, so, he is entitled to the concession of anticipatory bail, is not only devoid of merit but misplaced as well. 6. As is evident from the record, that as the names of petitioner Rana and his other co-accused are duly mentioned in the ruqqa based on secret information, which formed the basis of FIR, therefore, question of any doubt of his identify did not arise at all. 6. As is evident from the record, that as the names of petitioner Rana and his other co-accused are duly mentioned in the ruqqa based on secret information, which formed the basis of FIR, therefore, question of any doubt of his identify did not arise at all. It cannot possibly be denied that the tendency and frequency of smuggling of poppy husk in order to earn easy money and spoiling the society has been tremendously increasing day by day. Since the prosecution has to ascertain the source of contraband and the involvement of the petitioner and his other co-accused in another such cases, so, to me, their custodial interrogation is essential. 7. Moreover, the anticipatory bail is not to be granted as a matter of course in all cases. The grant or refusal of such bail depends on the variety of circumstances, the cumulative effect of which, should enter the judicial verdict. The power under Section 438 Cr.PC is to be exercised sparingly and in exceptional cases keeping into focus the facts and circumstances of each case. The order of anticipatory bail cannot be allowed to circumvent normal procedure of arrest and investigation of the police. The Court has also to see that the investigation is in the province of the police and an order of anticipatory bail should not operate as an inroad into the statutory investigational powers of the police, in exercising the judicial discretion in granting the anticipatory bail. The Court should not be unmindful of the difficulties likely to be faced by the investigating agency and the public interest likely to be affected thereby in this relevant connection. 8. In the light of aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the main case, the instant application for anticipatory bail filed by the petitioner is hereby dismissed, in the obtaining circumstances of the case. 9. Needless to mention that nothing observed, here-in-above, would reflect, in any manner, on merits of the main case, because the same has been so recorded for a limited purpose of deciding the present application. ---------0.B.S.0------------