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Judgment
5 paragraphs · 171 wordsJitendra Chauhan, J.—By filing the present petition u/s 438 of the Code of Criminal Procedure, the petitioner has sought pre-arrest bail in case FIR No. 42 dated 13.5.2012, registered u/s 15 of the Narcotic Drugs and Psychotropic Substances Act at Police Station Siwan, District Kaithal. Heard.
Though the petitioner has joined the investigation, but he is not cooperating in the investigation. Learned State counsel has produced a copy of FIR No. 165 dated 20.7.2012 and states that the petitioner is also involved in the said case registered under the NDPS Act. The petitioner is a habitual offender.
The Hon''ble Supreme Court in State rep. By the State Rep. by the C.B.I. Vs. Anil Sharma, has held as under:-
The custodial interrogation is qualitatively more elicitation oriented than questioning a suspect who is well ensconced with a favourable order u/s 438 of Cr.P.C.
In the present case, the custodial interrogation of the petitioner is required. Accordingly, no case is made out to grant pre-arrest bail to the petitioner. Dismissed.