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2002 Supreme(P&H) 540

R.C.KATHURIA
Balkar Singh @ Phalki – Appellant
Versus
State Of Haryana – Respondent


Judgment

R.C.Kathuria, J.

1. Petitioner, Balkar Singh, seeks anticipatory bail in case bearing FIR No. 474 dated 23.8.2001 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in shoirt the Act) with Police Station Sadar, Fatehabad.

2. According to the prosecution allegations, on 23.8.2001, ASI Charan Singh along with other police officials was present at T-point in the area of village Ayalki in connection with Nakabandi. A Canter bearing registration No. HR-39/4698 came towards Fatehabad side which was signalled to stop by ASI Charan Singh upon which driver of the Canter stopped the canter at some distance. Malkiat Singh was found driving the canter. One person who was sitting behind the canter was successful in making good his escape. In the meanwhile, Dyal Chand also came from the side of Fatehabad on a scooter. He was associated by the police in the investigation. Malkiat Singh disclosed the name of his companion who had escaped from the spot as Balkar Singh. Dyal Chand also disclosed the name and identity of Balkar Singh. The presence of Jiwan Singh Naib Tehsildar, Fatehabad, was secured and thereafter, seizure proceedings were conducted. On




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