High CourtsSingle Bench

Irfan vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 2 December 2010 · Citation: (2010) 12 P&H CK 0080

HON’BLE JUDGES
Hemant Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438 · Penal Code, 1860 (IPC) — Section 420
RESULT
Dismissed
CASE NUMBER
Criminal M. No. M 35243 of 2010 (O and M)
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Judgment

5 paragraphs · 209 words

Hemant Gupta, J.—Prayer u/s 438 Cr.PC is for grant of anticipatory bail in case FIR No. 226 dated 6.10.2010 under Sections 420 IPC, 7/10/55 of the Essential Commodities Act, PS Madhuban, Karnal.

2.

As per allegations in the FIR, the Petitioner alongwith his co accused Jamshed was intercepted while Jamshed was driving Tata 407 bearing registration No. UP-17-7271 transporting kerosene oil for smuggling purposes after having bought at cheap rates from depot holders in Haryana, which was otherwise meant for distribution to Below Poverty Line families through Public Distribution System. Alongwith the two accused another vehicle bearing No. HR 37-B 4853 being driven by Dharamvir and accompanied by one Bunty was also intercepted carrying 2000/200 liters of kerosene oil for similar purpose of similar nature.

3.

Learned Counsel for the Petitioner submits that the Petitioner was not arrested at the spot. He is neither owner of the vehicle nor was found in possession of kerosene oil.

4.

Keeping in view the serious allegations of Petitioner being involved in smuggling of Essential Commodity meant for poor persons, and moreover, in order to unravel the nexus between the black marketeers, the custodial interrogation of the Petitioner may be necessary. No case for grant of anticipatory bail is made out.

5.

Dismissed.