Chuhar Singh vs State of Punjab

Viney Mittal, J.—As per the prosecution version itself, the petitioner was not arrested at the spot. However, the prosecution has claimed that the petitioner has run away from the spot.

The prosecution version as well as the police records indicate that there were 7/8 persons in the police party. They were armed with weapons and also were having a Gypsy car.

Without commenting upon the prosecution version at all the taking into consideration that the petitioner was not arrested at the spot, it cannot be suggested at this stage that the petitioner was found in possession of the narcotic substance. In fact the petitioner has detailed in para-3 of the petition that Head Constable Such Singh of Police Kot Ise Khan had caused injuries to the father of the petitioner and in that regard a complaint had been made by the father or the petitioner to the SSP, Ferozepur and other high ups.

In these circumstances, the petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate, Moga.