IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.26575-M of 2008 DATE OF DECISION : DECEMBER 12, 2008 PREET PARTAP SINGH & ANR. ....... PETITIONER(S) VERSUS STATE OF PUNJAB .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Bipan Ghai, Advocate, for the petitioner(s). Mr. Shilesh Gupta, DAG, Punjab. AJAI LAMBA, J. (Oral) This petition has been filed under Section 438 Cr.P.C. for bail in case FIR No.278 dated 8.9.2008, under Sections 186, 342, 353, 201, 356, 120-B IPC and Section 22(3) of the Drugs & Cosmetics Act, 1940, registered with Police Station, Kharar. Learned counsel contends that Section 353 IPC and Section 22 (3) of the Drugs & Cosmetics Act, 1940, are the only non bailable offences. Learned counsel has contended that allegations are that on a complaint, shop of the petitioner was raided at about 7.00 P.M. Certain drugs were seen and were to be recovered. However, they were snatched and taken away. The persons from the surrounding area gathered and manhandled the Criminal Misc.26575-M of 2008 2 staff of raiding party who allegedly escaped leaving their official documents/ official seal etc. Learned counsel has argued that the entire incident is most improbable, rather impossible, in so much as the bag was recovered on 5.9.2008. This fact however does not find mention in the FIR registered on 8.9.2008. There is political rivalry between Jaspal Singh (petitioner No.2) and the present Health Minister on account of which the raid was conducted. Learned counsel has also contended that although there are allegations of giving beatings, however, not a scratch was received by either member of the raiding party. Learned counsel for the respondent-State, on instructions from SI Anil Kumar, contends that the petitioners have joined investigation and are not required for further investigation at this juncture. In view of the above, the petition is allowed. Order dated 16.10.2008 is hereby made absolute and it is directed that in the event of arrest, the petitioners shall be enlarged on bail on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions :- i) the petitioners shall make themselves available for interrogation as and when required; ii)the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and iii)the petitioners shall not leave India without the previous Criminal Misc.26575-M of 2008 3 permission of the Court. This order shall enure till 10 days after the petitioners receive a notice of filing of final report u/s 173, Cr.P.C, within which period, the petitioners would be at liberty to apply for regular bail. December 12, 2008 ( AJAI LAMBA ) Kang JUDGE