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2022 Supreme(P&H) 41

LISA GILL
Bikram Singh Majithia – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R.S.Cheema, Senior Advocate with Mr. D.S.Sobti, Advocate Mr. Arshdeep Singh Cheema, Advocate Ms. Misha Rohtatgi Mohta, Advocate Mr. Mohit Rai, Advocate Mr. Ishan Khetarpal, Advocate and Mr. Somnath Tayal, Advocate.
For the Respondent:Mr. P.Chidambaram, Senior Advocate, Mr. Deepinder Singh Patwalia, Advocate General, Punjab, Mr. Gaurav Garg Dhuriwala, Senior Deputy A.G., Punjab.

JUDGMENT :

Lisa Gill, J.

1. This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.

2. Petitioner seeks anticipatory bail in FIR No.0002 dated 20.12.2021 registered under Sections 25, 27(a) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’) registered at Police Station Punjab State Crime, Police Station SAS Nagar. It is submitted that the petitioner is a mainstream politician and a senior member of the Akali Dal party. The present FIR, it is contended, has been registered for extraneous considerations in a mala-fide manner. It is submitted that there is inexplicable delay in registration of the FIR and a fresh FIR in any case could not have been registered in the given circumstances and as it was incumbent upon the authority to have first sought permission of the competent court before proceeding against the petitioner. Learned counsel for the petitioner submits that the State continued changing officials at the helm of affairs till the officer/officers in question toed the line and ultimately registered the FIR.

3. Brief facts necessary for adjudication of the matter are

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