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2013 DIGILAW 1671 (PNJ)

Boota Singh v. State of Punjab

2013-12-13

T.P.S.MANN

body2013
JUDGMENT Mr. T.P.S. Mann, J (Oral):- Prayer made in the petition is for grant of anticipatory bail to the petitioner in a case arising out of FIR No.69 dated 31.05.2013, registered at Police Station Mehatpur, District Jalandhar, under Section 15 of the NDPS Act. 2. According to the prosecution, on 31.05.2013, when the police party headed by Sub Inspector Mahinder Singh signalled one black Innova vehicle bearing registration No. HR-67-7037 to stop, the driver of the said vehicle tried to drive away the vehicle but was over powered. One young person sitting by the side of driver tried to escape. Head Constable Dharmender Singh, who was in the police party, called him by his name but he did not stop. According to the FIR, it was the petitioner, who had managed to run away. Later on, during search of the said Innova vehicle, seven bags of poppy husk, each weighing 32 kgs., were recovered. 3. While filing the present petition for the grant of anticipatory bail, the petitioner averred that on 31.05.2013 he was seriously ill and was lying admitted in CCI Hospital at Rajban, Paonta Sahib. In support of his stand, he placed on record photocopies of the medical certificate and prescription slips of the aforementioned hospital. 4. Learned State counsel, after obtaining instructions from ASI Kulwant Singh of Police Station Mehatpur, has informed the Court that the factum of admission of the petitioner in CCI Hospital at Rajban stands verified. In that regard, she has placed on record photocopy of the certificate obtained by ASI Kulwant Singh from Dr. Surinder Pal, MBBS, SMO, CCI Hospital, Rajban, Paonta Sahib as well as of the prescription slips and the bed head ticket. She has, however, opposed the prayer made on behalf of the petitioner by submitting that apart from the present case, the petitioner is involved in two more criminal cases, i.e. one under Sections 279 and 337 IPC while the other under Sections 379/411/467/468/471/120-B IPC. 5. Admittedly, the petitioner is not involved in any other case under the provisions of the NDPS Act. As regards the admission of the petitioner in CCI Hospital at Rajban, the fact stands prima facie established. 6. Without commenting on the merits, lest it may prejudice the case of either of the parties, this Court finds that the petitioner deserves to be granted the concession of anticipatory bail. 7. As regards the admission of the petitioner in CCI Hospital at Rajban, the fact stands prima facie established. 6. Without commenting on the merits, lest it may prejudice the case of either of the parties, this Court finds that the petitioner deserves to be granted the concession of anticipatory bail. 7. Resultantly, the petition is accepted and the petitioner is directed to appear before the Investigating Officer on 20.12.2013 at 11.00 a.m. for joining the investigation. In the event of his arrest, he be admitted to bail by the Investigating Officer/Arresting Officer to his satisfaction. Even subsequently also he shall keep on joining the investigation as and when required. He shall also comply with the conditions as contained in Section 438 (2) Cr.P.C.