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Tuesday, September 29, 2020

Punjab HC orders probe after bail plea of drugs case accused ‘conceals’ earlier dismissal of application

The order was passed by Justice H S Madaan in a petition of an accused from Fazilka who was seeking bail in a drugs case. This was his second bail petition in the HC in the same case.

By: Express News Service | Chandigarh | July 4, 2020 10:42:00 pm
50-guest limit at weddings ‘too liberal’, says lawyer, moves high court to get it reduced The court said, “By jugglery of words, it has been tried to project as if no petition had been filed earlier.”

THE PUNJAB and Haryana High Court has ordered its Registrar (Judicial) to probe a matter in which material facts were allegedly concealed from the court while placing a bail plea of a drugs case accused before it. The Registrar (Judicial) has been asked to file a report in this regard.

The order was passed by Justice H S Madaan in a petition of an accused from Fazilka who was seeking bail in a drugs case. This was his second bail petition in the HC in the same case, while the earlier one was declined on January 28.

The court in the order observed that a clear attempt has been made to conceal material facts from the court as the head-note in the petition states that “no such or similar petition has earlier been filed by the petitioner in this Hon’ble Court except CRM No.46108 of 2019 or in the Hon’ble Supreme Court of India and no such petition is pending in the Sessions Court, Fazilka”.

Observing that instead of clearly mentioning that a similar petition had been filed earlier by the petitioner and it was dismissed, the court said, “By jugglery of words, it has been tried to project as if no petition had been filed earlier.”

The court further said though the petition mentions that the Additional Sessions Judge had dismissed the bail application, but it nowhere has been “clearly” stated that “the petitioner had approached this court earlier by filing a similar petition for regular bail, which had been dismissed.”

It also said the copy of that order has not been attached.

Stating that the second petition for regular bail is not maintainable unless there is some change in circumstances after dismissal of first bail application, the court said the contraband recovered from the accused and co-accused amounts to commercial quantity and there is nothing to record a satisfaction that there is a reasonable ground to believe the accused is not guilty of the offence.

“Drug trafficking is rising at an alarming rate in this region, which has ruined the lives of young men and women. Drug peddlers for a small monetary consideration make the youth to use drugs for a small time excitement/kick. The drug peddlers have successfully destroyed the social fabric of our society and led youth to the wrongful path. Such type of persons need to be dealt with firmly and sternly and no sympathy can be shown to them lest that should prove to be counter productive and result in increased drug trafficking,” the order reads.

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