MOTI LAL Vs. STATE

JUDGEMENT

(1.) On an application for grant of anticipatory bail, thelearned Additional Sessions Judge passed the following order:

(2.) Section 438 of the Code of Criminal Procedure is a salutary provisionenshring the intention of the legislature that liberty of the subject is not put injeopardy on frivolous grounds. The provision is thus no plaything inviting casualhandling or perfunctory treatment. It is a solemn provision which mandates duejudicial care and circumspection without being taken in by equivocatory quibblings. In dealing with it no lexical desterity is needed. Even the truth, veracity andeffect of the evidence is not to be meticulously judged. What, however, is expectedis a speaking order furnishing salient features of the case, and the factors whichweighed with the Court while finally making up its mind. This would be aguarantee against arbitrariness. Unfortunately the order in question is wanting inthat respect and this leaves us groping in the dark.

(3.) The case registered against the petitioner is under Section 50 of the Wild LifeAct. The prosecution alleges that three skins of leopard cubs, two skins of wild deerand one more skin which appeared to be of a wild animal were recovered from aroom in possession of the petitioner.