Criminal Misc. No. M-31870 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-31870 of 2011 Date of Decision : 19.12.2011 Pirthi Chand @ Toni ....Petitioner. Vs. State of Punjab ....Respondent. CORAM: HON'BLE MR. JUSTICE M.M.S.BEDI Present: Mr. Yogesh Goel, Advocate for the petitioner. Mr. Kirat Singh Sidhu, DAG, Punjab. M.M.S.BEDI,J.(ORAL) Petitioner seeks concession of regular bail in a case registered on the basis of secret information mentioning specifically therein that Prithi Chand alias Toni, Sarpanch, resident of Dharamgarh was selling poppy husk openly at the Bank of Drain in the area of village Satauj. When the police party reached on the spot, petitioner allegedly tried to run away but ASI Surinder Pal Singh apprehended the petitioner with the help of police officials and on interrogation, the said person disclosed his name as Prithi Chand. I have heard the learned counsel for the petitioner. Since the petitioner is admittedly Sarpanch of the village w.e.f. 2008. He had earlier been involved in a case of recovery of 40 kgs of poppy husk. While he was in custody, he contested an election and was elected as Sarpanch and he has been acquitted in the above said case as claimed. The story of the prosecution appeared doubtful from the Criminal Misc. No. M-31870 of 2011 -2- self contradictions as police party had a secret information about the involvement of the petitioner in the offence of sale of poppy husk but as per the FIR, ASI after apprehended the petitioner, interrogated him and found out his name which was allegedly disclosed by the petitioner as Prith Chand. It is surprising that a person who is a Sarpanch and already an accused in earlier case was not known to the ASI of the same locality. On the basis of curiosity which arose on account of a said fact, the police file has been carefully perused. On the face of it, it is apparent that the information received regarding involvement of the petitioner was not taken down in writing as required under Section 42 of the NDPS Act for communicating to the concerned quarters. The police record prima facie indicates that poppy husk along with scale and weight was recovered. The third Zimini of the proceedings indicates that thereafter the petitioner was interrogated, time and place is not reflected from the record. Without expression of any opinion on merits of the case, taking into consideration the above said circumstances, the petitioner can be granted a concession of bail as he has been in custody w.e.f. 18.5.2011. The police file indicates that the petitioner had made a statement to the police that he was earlier involved in the case of poppy husk and was acquitted and that he was involved in a case under Excise Act also. Prima facie the involvement of the petitioner appears to be debatable. Besides this, it is not out of place that writing submitted by number of villagers has been attached with the petition regarding the arrest of the petitioner from his house. Petition is allowed. Petitioner is ordered to be released Criminal Misc. No. M-31870 of 2011 -3- on bail on furnishing bail bond/surety bond to the satisfaction of trial court. (M.M.S.BEDI) JUDGE December 19, 2011 AK Sharma