AKASH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Sec. 438 Crimial P.C. for grant of pre-arrest bail to the petitioners in case FIR No.52 dated 24.05.2014 registered under Sections 411, 414 Penal Code and Sections 15, 18, 20, 21, 22, 61, 85 of the NDPS Act, Sections 61, 1, 14 of the Punjab Excise Act and Sections 25, 54, 59 of the Arms Act at Police Station Sujanpur, Tehsil and District Pathankot.

(2.) A perusal of the FIR reveals that omnibus allegations have been levelled against different persons belonging to different villages and it has been alleged that these persons are involved in all kinds of illegal activities including smuggling of narcotics, gold, foreign currency and trafficking of human beings etc. In the FIR, it has also been mentioned that if raid is conducted heavy recovery can be made. However, despite raid having been conducted no recovery has been made.

(3.) Learned counsel for the petitioners has argued that these kinds of omnibus and vague allegations can be levelled against any person and considering the seriousness thereof, it is expected that the Courts would be more vigilant and protect people against this arbitrary exercise of police power. As per the learned counsel, had it been a case where any recovery was shown to have been effected it would have been different but no recovery is shown to have been made despite raid having been conducted. He has further argued that the antecedents of the petitioners are clean.