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SAROJNEI SAKSENA
Harbans Singh Alias Lovely – Appellant
Versus
State Of Punjab – Respondent
1. By this order, both the Criminal Miscellaneous Petitions 27097-M and 29255-M of 1997 are being decided as the subject-matter involved in both these petitions is identical in nature.
2. Petitioners learned counsel contended that on 10-8-1997, police party stopped truck No. HR-25-0769 by giving a signal; two persons jumping from the truck ran away; they could not be arrested, but they were identified by Raj Kumar as Teeta son of Meet Singh and Sibba sonof Meet. The other persons, who were found in the truck were petitioner-Harbans Singh who was driving the truck and Sarabjit Singh was sitting by his side; four other persons were sitting in the truck, whose names were Jita, Rana, Sokha and petitioner Pala. They were asked whether they would like to be searched before a Magistrate or Gazetted Officer, they declined such an offer and expressed that the police officer apprehending them by taking their search; no independent witness was joined. The prosecution has alleged that 75 bags containing 40 kgs of poppy husk each were seized from the truck and on that basis this case is registered against these accused persons. Petitioners applied for bail before the learned Sessions Ju
Raj Kishore Prasad VS State Of Bihar - 1996 4 Supreme 87: Treatment unclear. The description states a holding on Magistrate's role under Section 209 Cr.P.C. and addition of accused under Section 319 Cr.P.C. No keywords indicate treatment by later cases (e.g., no "overruled", "followed"). Categorized here due to absence of any treatment language; could be good law or implicitly followed, but no evidence provided.
Sub Divisional Inspector Of Post, Vaikam VS Theyyam Joseph - 1996 2 Supreme 487: Treatment unclear. The description states a holding that Postal Dept. elements are not "industry" or "workmen" under I.D. Act, 1947, with Rule 6 applying over Section 25F. No keywords indicate treatment by later cases. Categorized here due to absence of treatment language.
Bombay Telephone Canteen Employees Association, Prabhadevi Telephone Exchange VS Union Of India - 1997 6 Supreme 285: Treatment unclear. The description states Telecommunication Dept. is not an "industry", with service rules applying and Art. 226 remedy available. No keywords indicate treatment; appears potentially inconsistent with Sub Divisional Inspector Of Post, Vaikam VS Theyyam Joseph - 1996 2 Supreme 487 on "industry" status in govt. depts., but no explicit treatment signal (e.g., "overruled"). Categorized here due to absence of treatment language.
Ranjit Singh VS K. K. Sikand - 1995 0 Supreme(P&H) 771: Treatment unclear. The description states a holding on arrears of rent assignment for vendee landlord's ejectment claim. No keywords indicate treatment by later cases. Categorized here due to absence of treatment language.
Kishun Singh VS State Of Bihar - 1993 0 Supreme(SC) 28: Treatment unclear. The description states a holding on Session Court's power under Section 193 Cr.P.C. (not 319) to summon persons not in Police Report. Appears potentially inconsistent with Raj Kishore Prasad VS State Of Bihar - 1996 4 Supreme 87's limitation on adding accused pre-trial, but no explicit treatment signal (e.g., "distinguished", "overruled"). Categorized here due to absence of treatment language.
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