GURDEEP SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) GURDEEP Singh has filed this petition under section 439(2) of the Code of Criminal Procedure (in short, Cr.P.C.) seeking cancellation of anticipatory bail granted to respondent No. 2 Maan Singh in case FIR No. 73 dated 20.12.2010 under sections 21, 61, 85, 58(2) of the NDPS Act, registered at Police Station Dhilwan, District Kapurthala by learned Judge, Special Court, Kapurthala vide order dated 31.3.2011, Annexure P/8.

(2.) THIS case presents a very strange picture. Impugned FIR was registered against the petitioner regarding recovery of 14 grams smack from his car. The petitioner was arrested and remained in custody for ten days. However, on inquiry it was found that the said smack was planted in the car of the petitioner by respondent No. 2 and his accomplices. Accordingly, after investigation challan has been prepared against respondent No. 2 and his accomplices whereas petitioner has been found innocent. Respondent No. 2 has been granted anticipatory bail by learned Sessions Court on the ground that he had joined investigation pursuant to interim order and was therefore not required for custodial interrogation.

(3.) COUNSEL for the petitioner vehemently contended that the petitioner was falsely implicated in the case at the instance of respondent No. 2 and his companions and had to remain in custody for ten days whereas respondent No. 2 who got the petitioner implicated in a serious case under the NDPS Act has been granted anticipatory bail without any justification. It was also pointed out that one Rekha Rani at the instance of respondent No. 2 also moved application regarding offence of rape against Bakshish Singh who is witness on behalf of the petitioner but on inquiry the said application was also found to be false and calendra under section 182 IPC has been filed against respondent No. 2 as well as Rekha Rani and otheRs.