Amrik Singh @ Amrika vs State of Punjab

Mehinder Singh Sullar, J.—Petitioner-Amrik Singh @ Amrika son of Sant Singh, has preferred the instant petition for the grant of regular bail in a case registered against him, vide FIR No. 12 dated 17.01.2013, on accusation of having committed an offence punishable u/s 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985(hereinafter to be referred as "the NDPS Act"), by the police of Police Station Dehlon, District Ludhiana, invoking the provisions of Section 439 Cr.P.C. Notice of the petition was issued to the State.

After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration of the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context.

The prosecution claimed that two bags, containing 55 kgs. poppy husk was recovered from the possession of the petitioner on 17.01.2013. The contention of the learned counsel that, if the probable weight of two bags is deducted from the total weight, then the recovery of poppy husk from the petitioner comes to non-commercial quantity, prima facie, has considerable force. It is not a matter of dispute that the investigating officer has weighed the poppy husk along with the weight of bags. Moreover poppy husk recovered from the possession of petitioner is just higher than non-commercial quantity.

Be that as it may, the petitioner was arrested on 17.01.2013. Since then he is in judicial custody and no useful purpose would be served in further detaining him in jail. There is no history of his previous involvement in any other criminal case. Since, even the prosecution has not yet examined a single witness, so, the conclusion of trial will naturally take a long time. In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on regular bail on his, filing an affidavit to the effect that he will not indulge in any such criminal activities in future and furnishing adequate bail bonds & surety bonds to the satisfaction of the trial Court.

Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case during trial, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail only.