Bohar Singh vs State of Punjab

Jasbir Singh, J.—It is apparent from the record that an FIR was recorded against the petitioner on9.6.2001, under Sections 15/61/85 of the N.D.P.S Act and u/s 120B of the Indian Penal Code. It was allegation of the prosecution that on receipt of secret information, rapat No. 38 dated 9.6.2001 was recorded at 4.40 A.M., a check barrier was laid. A truck bearing No. PB-05-9457 was stopped at that barrier. It is further alleged that the petitioner, who was sitting on the back side of the truck, ran away by taking benefit of darkness. However, he was identified by ASI Balbir Singh in the torch light.

Petitioner has moved an application for bail by stating that his implication in the above-mentioned case is false. He further mentioned that in fact he was arrested by the police officials of Police Station Harike, District Tarn Taran on 8.6.2001 at 10.30 P.M. in a case under the Excise Act. The petitioner has placed on record a copy of FIR, Annexure P2. It is further stated that on 9.6.2001, he was produced before the competent Court by the police officials of Police Station Harike for getting his further police remand. He has placed on record the application and order passed by the Court, Annexure P3, vide which he was remanded to judicial custody till 15,6.2001. Further contention of the learned counsel of the petitioner is that after his false implication, he made complaints to the higher authorities and on one such complaint, an enquiry was conducted by the Senior Superintendent of Police, Tarn Taran and it was found that FIR No. 35 of 2001 registered against the petitioner under the Excise Act was correct. While referring to the above-mentioned facts, the petitioner has prayed that he be enlarged on bail.

Learned State counsel has vehemently opposed this prayer of bail of the petitioner. He has stated that after running away from the spot, the petitioner in connivance with the police officials of Police Station Harike got a false case registered against him under the Excise Act. He further stated that investigation was conducted by the Deputy Superintendent of Police Crime Branch, Ferozepur who found that case registered against the petitioner under the Excise Act is not correct. He further stated that in FIR No. 83 dated 9.6.2001 registered under N.D.P.S Act against the petitioner, some police officials of Police Station Harike have also been arrayed as accused by invoking the provisions of Section 120-B of the Indian Penal Code. Be that as it may, this registration of two FIRs against the petitioner cause a doubt in the mind of the Court regarding petitioner''s involvement in either of the cases. The petitioner is in Jail since 8.10.2002.

Under these circumstances, even though the quantity of contraband allegedly recovered from the petitioner is very heavy i.e. 50 bags of poppyhusk, yet this Court feels that the petitioner is entitled to bail. The petitioner will file a specific undertaking before the Courts below that during the period of his bail, he shall not indulge himself in any other criminal activity and he will behave like a disciplined citizen. Bail is granted to the satisfaction of trial Court against heavy sureties.