Jatinder Singh Alias Deepak Jatinder Singh Chopra v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 01.10.2024 Jatinder Singh Alias Deepak Alias Jatinder Singh Chopra ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Amit Arora, Advocate, for the petitioner. ***** GURVINDER SINGH GILL , J .

1.

The petitioner has approached this Court seeking quashing of impugned order dated 12.9.2024 passed by learned Judge, Special Court, Tarn Taran (Annexure P-3) vide which non-bailable warrants have been issued for securing his presence in a case arising out of FIR No. 47, dated 23.04.2021, Police Station Sadar Tarn Taran, District Tarn Taran, under Section 22(b) of NDPS Act.

2.

Upon hearing the learned counsel for the petitioner and upon perusal of the file, this Court finds that the petitioner who had earlier been granted interim bail vide order dated 04.06.2021 by Judge, Special

- 2 - Court, Tarn Taran on account of non-receipt of FSL report had subsequently been ordered to be summoned when challan was presented on 02.02.2023. However, since the accused did not appear despite issuance of summons repeatedly, his bail stood automatically cancelled, as had been set out specifically by the Special Court in its order dated 04.06.2021.

3.

After cancellation of his interim bail, non bailable warrants had been issued on several occasions. The petitioner had earlier challenged one such order dated 22.03.2024 pertaining to issuance of non bailable warrants by way of filing petition No.CRM-M-38627-2024. The said petition was however, dismissed by way of passing a detailed order on 09.08.2024.

4.

Since, the petitioner had not appeared, the trial Court had been issuing warrants repeatedly. The learned trial Court had again ordered for issuance of non bailable warrants on 12.09.2024 which is being assailed before this Court.

5.

Since, non bailable warrants as are being assailed in the instant case have been issued consequent upon cancellation of his interim bail and the petitioner in the earlier litigation had also challenged issuance of arrest warrants issued pursuant to cancellation of his bail, filing of the instant petition is nothing but is an attempt to seek relief by concealment about the factum of dismissal of earlier petition and is virtually an attempt to mislead the Court. The petition, as such, is

- 3 - dismissed with costs of Rs.10,000/- to be deposited with Secretary, DLSA, Tarn Taran.

6.

A copy of this order be conveyed to the trial Court which shall ensure that as and when the petitioner appears, the said costs are duly deposited and until such costs are deposited, his bail application shall not be entertained.

01.10.2024 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No