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Sarabjit Singh @ Saraba vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 27 August 2010 · Citation: (2010) 08 P&H CK 0442

HON’BLE JUDGES
Jaswant Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438 · Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Section 15, 25
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Judgment

5 paragraphs · 199 words

Jaswant Singh, J.—Prayer is u/s 438 CrPC for grant of anticipatory bail in case bearing FIR No. 190 dated 29.3.2010 under Sections 15/25 of NDPS Act registered under with police Station Sadar, District Patiala.

2.

Learned Counsel for the petitioner submits that the petitioner was not apprehended at the spot and since his vehicle Tavera was allegedly seized alongwith the contraband, he has been falsely implicated in the case. It is submitted that this vehicle was borrowed by his friend-co-accused and petitioner at that relevant time was in Delhi.

3.

Learned State Counsel submits that in the secret information the petitioner was specifically named and during investigation also the name of the petitioner has surfaced. It is further submitted that the petitioner had been recognized by one of the witnesses i.e. constable Beant Singh who was part of the team of the police officials at the naka from where the petitioner by abandoning his vehicle had fled towards the fields.

4.

Without expressing anything on the merits of the case and in view of the commercial quantity of the seized contraband and alleged role of the petitioner, no case for grant of anticipatory bail is made out.

5.

Dismissed.