KISHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners, who are ASI and Head Constable respectively, have filed this application for anticipatory bail because they apprehend arrest in connection with FIR No. 94 dated 9.8.1996 under sections 18 and 59 of the NDPS Act (for short 'the Act'), Police Station Tapa, District Sangrur.

(2.) I have heard learned counsel for the petitioners and learned AAG, for the State.

(3.) LEARNED counsel for the petitioners has argued that the prosecution under section 59 of the Act cannot be launched without the prior sanction of the Government as provided in sub-section (3) of section 59 of the Act. The said sub-section (3) of Section 59 of the Act reads as under :-