RAMDASS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of the instant petition, the petitioners claim default bail, as provided under Sec. 167(2) Cr.P.C and Sec. 43-D of the Unlawful Activities (Prevention) Act, 1967 (for short, "the UAP Act"), in the criminal case registered at Police Station Sudhar, District Ludhiana, vide FIR No.94 dtd. 29/12/2020 under Ss. 124-A, 153-A, 120-B IPC as well as Ss. 10, 16, 18 of the UAP Act and Ss. 3, 4, 5, 9 of the Official Secrets Act.

(2.) Bereft of unnecessary details, the allegations, as levelled in the subject FIR, are that SI/SHO Jasvir Singh received a secret information regarding the petitioners having been indulging in the unlawful activities in order to create chaos in the State and bringing weapons from across the border in an illegal manner and also sending sensitive information as well as the photographs of Halwara Airbase to anti-national elements and thereby, posing threat to the security, unity and integrity of the Country. During the investigation, the petitioners were arrested on 30/12/2020. Challan was presented in the Court on 24/3/2021, i.e within the stipulated period of 90 days but the requisite sanction of the competent Government was not annexed therewith. The petitioners moved an application before the Court below (Additional Sessions Judge, Ludhiana) under Sec. 167(2) Cr.P.C read with Sec. 43-D of the UAP Act, for seeking default bail on the ground that the Challan, so presented in the Court, was incomplete on account of non-submission of the said sanction therewith and vide the order dtd. 20/4/2021 (Annexure P-2), the said application was dismissed.

(3.) Reply, as filed on behalf of the respondent-State, is already available on the file and the same is taken on the record.