State of Haryana vs Shamlal

Harmohinder Kaur Sandhu, J.

A case under Section 18 of the Narcotic Drugs and Psychotropic Substances Act was registered against Sham lal at Police Station, Ismailabad, District Kurukshetra on 8.12.1992. Sham Lal was released on bail by this Court on 10.3.1993 and one of the consideration while allowing bail was that although he was in custody for the last three months, challan had not been presented in Court. The State of Haryana has filed this application under Section 439(2) Cr.P.C. for cancellation of bail granted to the respondent on the ground that the bail order was obtained by stating wrong facts. In fact the challan against the respondent had been presented in Court on 4.3.1993.

I have heard the counsel for the parties and have perused the order vide which bail was granted to the respondent.

This fact was admitted that when the bail order was passed the lawyers were on strike and the respondent was not represented by any counsel. One of his relatives Anant Ram appeared on the date of hearing and he could not be sure whether challan had been presented against the respondent or not. Admittedly the challan had not been presented when the application for bail was filed. Moreover, the other circumstances of the case were also considered before the order of bail was passed. One of the contentions of the respondent was that mandatory provisions of the Act had also not been complied with. There are no averments that the respondent misused the concession of bail by absenting himself from Court or he in any manner tried to tamper with the evidence. I, therefore, find no merit in this application and dismiss the same.