Abdul Khan v. State Of Punjab
!
"#$# %&$ '()*
& +,-.-
-
! " #$
%%%
-*/,0& &
'()*
*
! + , -.
"/ -.0 #
27.03.2024 Amargarh, District Malerkotla 15 of NDPS Act,
2
-. " + + +13 4( ," +
" + ! +,"
3(4
"
+"
#
+ & "
2 +5 2 "
+ " ! + + 0 2/6(2 /)7'7 & !
2 +
" , / 2 +"" + " " + ,. + +
"
& , + + .
"
"
& #
+"
" + ! + 2 + 2
+ +81!+,!9 ""
!
& / "
, & , "
+ +
" + "
! " ," &
" , &
+ /
* +" " 43
(
&
,
+ + , ,"
" / 2 +
2
.
+ ! /
"
+
+ + + !
+"
:
+ 9 + +
"
, ,
:
"
-. " , 64 4'
: ; :
,
0 ,
&
+ "
4.
Per contra, learned State counsel argued that the allegations against the petitioner are equally serious as against the co-accused who in their disclosure statements have clearly stated that the contraband belongs to the petitioner. The custodial interrogation of the petitioner is required for proper investigation of the matter by the police. No extra ordinary circumstance has been made out for extending benefit of pre-arrest bail to the petitioner and therefore, it is urged that the petition does not deserve to be allowed.
5.
I have heard learned counsel for the petitioner as well as learned State counsel at considerable length and have gone through the record carefully.
6.
As per the allegations on 27.03.2024, recovery of 92 kg of poppy husk was effected from the truck bearing No. PB-13 BP 8545 which is admittedly owned by the petitioner but was being driven and occupied by the co-accused Bajinder Singh and Boota Khan at the relevant time. The petitioner has claimed that he has no concern with the abovesaid recovery. However, being registered owner of the truck in question, the allegations against him are equally serious in nature. Moreso, the co-accused have taken his name as owner of the contraband. In my considered opinion, his
custodial interrogation is required for thorough investigation of the matter by the police. The powers under Section 438 of Cr.P.C. are to be exercised in extra ordinary and sparing circumstances and the same should not operate as inroad in the normal legal procedure of criminal cases by the trial Court. It is well settled that c ; ,
; + ""
" '() *
*
, +
.
+ + /
+ "
.
; ++
,
+, +
< +
/ :
7.
. <
8.
+
,
1
-2 st'()*