BOHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) It is apparent from the record that an FIR was recorded against the petitioner on 9.6.2001 under Sections 15/61/85 of the N.D.P.S. Act and under Section 120B of the Indian Penal Code. It was allegation of the prosecution that on receipt of secret information. rapat No. 38 dated 9.6.2001 was recorded at 4.40 A.M.. a check barrier was laid. A truck bearing No. PB/05/9457 was stopped at that barrier. It is further alleged that the petitioner who was sitting on the back side of the truck ran away by taking benefit of darkness. However, he was identified by ASI Balbir Singh in the torch light.

(2.) Petitioner has moved an application for bail by stating that his implication in the abovementioned case is false. He further mentioned, that in fact he was arrested by the police officials of Police Station Harike. District Tarn Taran on 8.6.2001 at 10.30 P.M. in a case under the Excise Act. The petitioner Has placed on record a copy of FIR. Annexure P2. It is further stated that on 9/6/2001. he was produced before the competent. Court by the police officials of Police Station Harike for getting his further police remand. He has placed on record the application and order passed by the Court. Annexure P3. vide which he was remanded to judicial custody till 15/6/2001. Further contention of the learned counsel of the petitioner is that after his false implications he made complaints to the higher authorities and on one such complaint an enquiry was conducted by the Senior Superintendent of Police. Tarn Taran and it was found that F.I.R. No. 35 of 2001 registered against the petitioner under the Excise Act was correct. While referring to the abovementioned facts the petitioner has prayed that he be enlarged on bail.

(3.) Learned State counsel has vehemently opposed this prayer of bail of the petitioner. He has stated that after running away from the spot. the petitioner in connivance with the police officials of Police Station. Harike got a false case registered against him under the Excise Act. He further stated that investigation was conducted by the Deputy Superintendent of Police. Crime Branch. Ferozepur who found that case registered against the petitioner under the Excise Act is not correct. He further stated that in F.I.R. No. 83 dated 9/62001 registered under N.D.P.S. Act against the petitioner. some police officials of Police Station Harike have also been arrayed as accused by invoking the provisions of Section 120/ B of the Indian Penal Code. Be that as it may this registration of two FIRs against the petitioner cause a doubt in the mind of the Court regarding petitionerTs involvement in either of the cases. The petitioner is in jail since 8.10.2002.