BALWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Balwant Singh @ Banta has filed the present petition under Sec. 438 Cr.P.C. for grant of anticipatory bail in case FIR No.102 dtd. 23/8/2018, under Sec. 22 of NDPS Act, 1985 registered at Police Station Subhanpur, District Kapurthala.

(2.) Learned counsel for the petitioner was confronted with the issue of maintainability of the petition under Sec. 438 Cr.P.C., on the ground that the petitioner had already submitted himself before the Court and had moved an application for grant of regular bail under Sec. 439 Cr.P.C. and the said application stands adjudicated upon vide order dtd. 8/1/2019.

(3.) Learned counsel for the petitioner contends that since the trial Court has issued the non-bailable warrants on 8/1/2019, therefore, the application under Sec. 438 Cr.P.C. is justified as he has apprehension of arrest pursuant to the said non-bailable warrants.