STATE OF HARYANA Vs. PARVEEN KUMAR

JUDGEMENT

(1.) The present petition under Section 439(2) of the Code of Criminal Procedure has been filed for cancellation of regular bail granted to the respondentaccused by this Court vide order dated 27.7.2012, in case FIR No.10 dated 26.1.2012, registered under Section 18 of the Narcotic Drugs and Psychotropic Substances Act at Police Station Sector 14, Panchkula.

(2.) Learned counsel for the petitioner-State supplied the copy of the complaint addressed to the Deputy Commissioner of Police, Panchkula dated 11.9.2012, relevant extract of FIR No.37 dated 26.6.2008, copy of news items published in 'The Tribune' and 'Hindustan Times' with regard to the complaint, which are taken on record as Marks 'A', 'B' and 'C (colly)'.

(3.) Learned counsel for the petitioner-State submits that the respondent-accused procured the bail order dated 27.7.2012, by misrepresentation and concealment of the material facts to this Court. In fact, he was convicted and sentenced in FIR No.37 dated 26.2.2008, registered under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Zirakpur, by the learned trial Court and appeal against the conviction in the said FIR is pending adjudication in the Court being CRA No. 796 SB of 2011. He further submits that wrong averments with regard to the recovery of contraband being non-commercial were made.