Crl. Misc. No.M-23372 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-23372 of 2010 Date of decision : 24-08-2010 Mukhtiar Singh .... Petitioner VERSUS State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Vivek K. Thakur, Advocate, for the petitioner. Ms. Ambika Luthra, AAG, Punjab, for the respondent – State. KANWALJIT SINGH AHLUWALIA, J. (Oral) The order dated August 19, 2010, passed by this Court reads as under:- “This Court, on August 7, 2008, had passed the following order:- “... 50 bags of poppy husk were recovered. Two persons were arrested. Petitioner is alleged to have escaped from the spot. No anticipatory bail can be granted to the petitioner in the matter pertaining Narcotic Drugs and Psychotropic Substances Act, 1985. No merits. Dismissed.” Learned counsel for the petitioner has brought into the notice of this Court that in order dated 7.8.2008, whereby prayer for grant of pre-arrest bail to the petitioner was declined, inadvertently, instead of 15, 50 bags of poppy husk were stated to have been recovered from the petitioner. The pre-arrest bail of the petitioner was declined on 7.8.2008. An FIR in the present case was registered on Crl. Misc. No.M-23372 of 2010 -2- 11.6.2008. Till today, the petitioner has not been arrested. The Senior Superintendent of Police, Jalandhar, shall remain present in the Court, to explain as to why for the last more than two years, the petitioner has not been arrested or that he has not been declared as a proclaimed offender. List on 24.08.2010. A copy of this order, under the signatures of the Special Secretary of this Court, shall be furnished to Ms. Ambika Luthra, Assistant Advocate General, Punjab, for onwards transmission and compliance.” Sh. Raj Jit Singh, PPS, Superintendent of Police, Jalandhar Rural, Jalandhar has filed an affidavit in this Court. Para 3 and 4 of the affidavit reads as under:- 3. That it is submitted that during the course of the investigation, the raids were conducted to arrest the petitioner on 18.06.2008, 24.06.2008, 25.07.2008, 28.07.2008, 10.08.2008, 15.08.2008, 20.08.2008 and 25.08.2008, however, he could not be arrested. In the meantime, the pre-arrest bail of the petitioner was declined on 07.08.2008. Since, the petitioner was evading his arrest, his arrest warrants were obtained from the Ld. Court on 28.08.2008. Subsequently, after following the due and proper procedure, the petitioner was got declared as proclaimed offender from the Ld. Court below on 24.02.2009. Consequently, the entries with regard to the petitioner being declared as proclaimed offender were made at Sr. No.23 of register no.4 and at Sr. No.14 of register no.10 of the Police Station. His history sheet as per Punjab Police Rules 23.8, 23.9 was opened on 10.06.2010. Subsequently also. The raids were condcuted to arrest the petitioner on 27.02.2009, 11.03.2009, 01.02.2010, 12.02.2010, 16.03.2010, 18.06.2010, 22.07.2010, Crl. Misc. No.M-23372 of 2010 -3- 18.08.2010 and 20.08.2010, however, despite the consistent efforts made by the local police to arrest the petitioner, he could not be arrested. 4. That it is respectfully submitted that in order to get the property of the petitioner (P.O.) attached, ASI Dalbir Singh No.1123 Jalandhar was deputed to ascertain the particulars of the properties owned by the petitioner. He conducted inquiry in this regard and submitted his report dated 16.08.2010 that the petitioner does not own any movable or immovable property. Petitioner was declared as proclaimed offender on 24.02.2009. Without diclosing and pleading this fact, present petition has been filed. Dismissed with costs of Rs.10,000/-. Sh. Raj Jit Singh, Superintendent of Police, however, assures this Court that vigorous efforts shall be made to apprehend the petitioner. (KANWALJIT SINGH AHLUWALIA) 24-08-2010 JUDGE manju