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BALKAR SINGH. versus STATE OF PUNJAB.

High Court of Punjab and Haryana, Chandigarh

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Balkar Singh. v. State of Punjab. - CRM-3916-m-2006 [2006] RD-P&H 6742 (7 September 2006)

Crl. Misc. No.3916-M of 2006 [1]

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Criminal Miscellaneous No.3916-M of 2006 Date of Decision : September 01, 2006

Balkar Singh.

.....PETITIONER(S)

VERSUS

State of Punjab.

.....RESPONDENT(S)

. . .

CORAM:- HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT:- Mr. Atul Lakhanpal, Advocate, for the petitioner.

Mr. Eklavya Kumar, Assistant Advocate

General, Punjab.

. . .

AJAI LAMBA, J. (Oral)

This is a petition under Section 439 Cr.P.C. for bail in a case lodged under Section 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

Learned counsel for the petitioner has argued that an inquiry was conducted at the level of Superintendent of Police and the petitioner has been found as innocent.

Learned counsel for the respondent State has drawn the attention of the Court towards the inquiry report submitted by Shri B.K.

Uppal, IPS, Deputy Inspector General of Police, Counter Intelligence, Crl. Misc. No.3916-M of 2006 [2]

Punjab, Chandigarh, to contend that not being satisfied with the inquiry report submitted by the Superintendent of Police, the Director General of Police ordered inquiry by a senior officer. On inquiry, the allegations have been found as established and therefore, the petitioner is not entitled to the concession.

Learned counsel for the petitioner has drawn the attention of the Court towards the fact that although the petitioner is in custody since 8.3.2005, not even a single witness has been examined by the prosecution.

Liberty of the petitioner is being curtailed and he has no ground of defence as one of the inquiry reports indicates innocence of the petitioner.

The application for bail of co-accused, Balbir Singh, being Criminal Miscellaneous No.1349-M of 2006 has been dismissed in the same FIR.

No ground for bail is made out.

Dismissed.

However, in view of the long custody of the petitioner and considering the fact that no witness has been examined, the Trial Court is directed to take the case on day to day basis and dispose of the trial as expeditiously as possible.

(AJAI LAMBA)

SEPTEMBER 01, 2006 JUDGE

avin


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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