High Court of Punjab and Haryana, Chandigarh
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Bhola Singh v. State of Punjab - CRM-35543-m-2006  RD-P&H 3747 (6 July 2006)
Bhola Singh vs State of Punjab
Present : Mr.G.S.Lalli, Advocate,
for the petitioner.
Mr.B.S.Baath, AAG, Punjab.
The petitioner seeks grant of anticipatory bail in case FIR No.20, dated 22.2.2006, registered under Sections 15/61/85 of the NDPS Act, at Police Station Jhunir, District Mansa.
As per the allegations, in the FIR, on receipt of secret information, the police tried to apprehend the car, in which the petitioner was travelling. The petitioner abandoned his car and escaped. A search of the car revealed 96 kgs. of poppy husk.
Counsel for the petitioner contends that it was impossible for the petitioner to run away from the police party and, therefore, the story, as narrated in the FIR, is false.
I have heard learned counsel for the parties and perused the record.
The petitioner, when confronted by the police party, abandoned his car and ran away. A search of the car revealed 96 kgs. of poppy husk.
The contention of counsel for the petitioner that he could not have run away from the police party, in my opinion, does not entitle him to the grant of anticipatory bail. Even otherwise, no circumstances exist as would warrant the return of a finding, as required by Section 37 of the NDPS Act.
( RAJIVE BHALLA )
July 11, 2006. JUDGE
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