Drugs Case: Punjab & Haryana High Court Dismisses Akali Leader Bikram Majithia's Pre-Arrest Bail Plea

Update: 2022-01-24 12:23 GMT
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The Punjab and Haryana High Court today dismissed the anticipatory bail plea of Akali Dal leader Bikram Singh Majithia filed in connection with a Drugs case registered against him.Last week, the Bench of Justice Lisa Gill had reluctantly inclined to adjourn the hearing on his bail plea and had extended his interim protection from arrest till January 24 (today) since his Counsel, R.S....

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The Punjab and Haryana High Court today dismissed the anticipatory bail plea of Akali Dal leader Bikram Singh Majithia filed in connection with a Drugs case registered against him.

Last week, the Bench of Justice Lisa Gill had reluctantly inclined to adjourn the hearing on his bail plea and had extended his interim protection from arrest till January 24 (today) since his Counsel, R.S. Cheema, Senior Advocate had contracted COVID-19 and a request for an adjournment was made before the bench.

Reportedly, Majithia's counsel, Advocate Arshdeep Singh Cheema has said that before the High Court, Majithia has sought for extension of his interim bail period so as to file an appeal before the Supreme Court or 3 days' time to surrender before Punjab Police so that Majithia can file his nomination for upcoming assembly polls in the state.

It may be noted that on January 10, the Punjab and Haryana High Court had granted him interim protection from arrest in Drugs Case on the condition that he shall co-operate in the police probe.

The Bench of Justice Lisa Gill had granted him interim protection while dealing with his anticipatory bail plea in a case registered against him by the Punjab Police last month under Sections 25 (allowing premises etc to be used for commission of an offence under the Act), 27A (financing illicit traffic and harboring offenders), and 29 (abetment and criminal conspiracy) of the Narcotic Drugs And Psychotropic Substances (NDPS) Act.

Case background

After a Mohali court dismissed Majithia's anticipatory bail plea, he had moved the High Court contending that there is an inexplicable delay in lodging of the FIR and the FIR itself could not have been lodged because if at all, any material had indeed surfaced against the petitioner, it was incumbent upon the authorities to have firstly sought permission of the competent Court before proceeding against him.

On January 5, appearing for Majithia, Senior Advocate Mukul Rohatgi had argued before the High Court that the matter was being investigated both by the Enforcement Directorate (E.D) and the Special Task Force (STF) as well as the Committee constituted under orders of the Court, but no action for all these long years was taken against the petitioner.

Lastly, it was submitted that registration of the present FIR was vitiated by political and ulterior motives and it was asserted that Majithia had no criminal record and is a mainstream politician and he had also undertaken to join the investigation, fully cooperate with the investigating agency and abide by any conditions which may be imposed by this Court.

Case title - BIKRAM SINGH MAJITHIA VS. STATE OF PUNJAB
Citation- 2022 LiveLaw (PH) 9

Click Here To Read/Download Order


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