CRM No. M 30820 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 30820 of 2010 (O&M) Date of decision: 06.12.2010 Krishan Kumar Goyal alias Kala ........ Petitioner Versus State of Punjab .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. T S Sangha, Senior Advocate with Mr. Narinder Singh, Advocate for the petitioner Mr. P S Bajwa, DAG, Punjab for the respondent -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) Interim bail was granted to the petitioner by passing a detailed order dated 15.10.2010, which reads as under: - “ It is contended that a complaint was registered by the employee of the present petitioner against Balram Luthra, who is the Drug Inspector, Moga. Thereafter, the Drug Department became inimical. An FIR No. 4 dated 07.06.2010 was registered against the present petitioner. The present petitioner was released on bail in that case. Thereafter, another FIR No. 149 dated 19.08.2010 Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was registered at CRM No. M 30820 of 2010 (O&M) 2 Police Station Dharamkot against one Jasdev Singh and in pursuance to the same, the premises of the petitioner were searched. No intoxicating drugs were obtained. As such, no action could be taken against the petitioner. Faced with the situation, the petitioner has now been enroped in the present FIR. Even as per the said FIR, the drugs were found from the premises of Bharat Transport belonging to Paramjit Singh Malhotra and the allegation leveled against the present petitioner is that the said drugs were being sold at the behest of the present petitioner. Admittedly, no drugs have been recovered from the possession of othe present petitioner. It is further stated that in any case, the case falls under the provisions of Drugs and Cosmetics Act and not under the NDPS Act.” During the period of interim bail in the above case, the petitioner was arrested in an other case i.e. FIR 70 dated 28.07.2010 under Sections 22, 27-A/29 of the NDPS Act, registered at Police Station Badhni Kalan. His arrest is stated to be on 29.10.2010 but shown as on 30.10.2010. Thereafter, the petitioner was allowed regular bail in that FIR by the Judge, Special Court, Moga vide order dated 26.11.2010 i.e. after one month. Now, the present application (CRM 63430 of 2010) has been filed, stating therein, that offence punishable under Sections 420, 465, 468, 471 IPC have also since been added in main FIR bearing No. 162 dated 18.09.2010 under Sections 22 of the NDPS Act, 1985. The argument that these FIRs are being registered against the petitioner out of vengeance cannot be ruled out at this stage specially in view of the facts as above. Meanwhile, it is not disputed by the learned State counsel on CRM No. M 30820 of 2010 (O&M) 3 instructions from ASI Baljeet Singh that the petitioner has since joined the investigation. In view of the above, the order dated 15.10.2010 passed by this Court is made absolute. The application CRM No. 63430 of 2010 is also allowed. Registry to do the needful. (Nirmaljit Kaur) Judge 06.12.2010 mohan