LAKHBIR SINGH @ SAHBI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) LAKHBIR Singh alias Sahbi, petitioner-accused has applied for anticipatory bail in case bearing FIR No. 49/2001 dated 16.4.2001 registered with Police Station 'A' Division, Amritsar under Sections 20, 21, 61 and 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) ON 16.4.2001, on receipt of secret information against petitioner-accused a 'Nakabandi' was organised by P. Singh, Inspector/S.H.O. of Police Station 'A' Division, Amritsar with the help of other police officials near the Dental College, Mal Mandi, Amritsar. At about 11.15 a.m., Lakhbir Singh, who was known to the Investigating Officer, was noticed coming while driving scooter No. PB-02U-6635 from the side of the Amritsar City. Another person was sitting on the pillion seat of the scooter. The Police gave a signal to the petitioner-accused to stop the scooter. He left the scooter there and was successful in running away from the spot. His companion Sarabjit Singh alias Rinku was arrested. His search led to the recovery of 12 grams of Charas from right pocket of his Pants. Seizure proceedings were completed at the spot in the presence of Rachhpal Singh Ghuman, DSP City. The case is still under investigation.

(3.) OPPOSING the submissions made it has been contended by the counsel representing the State that though recovery of 12 grams of Charas was made from Sarabjit Singh but it is the petitioner-accused who had allowed Sarabjit Singh to accompany him on scooter No. PB-02U-6635 and his culpability with the crime is strengthened from the fact that instead of offering his explanation to the Investigation Officer he had run away from the spot.