Gurdev Singh alias Pappu vs State of Punjab

Satish Kumar Mittal, J.—This is a petition u/s 439 of the Code of Criminal Procedure, filed by the petitioner, for the grant of regular bail in case FIR No. 152 dated 15.7.2004 under Sections 15/61/85 of the NDPS Act, registered at Police Station Sadar, Ludhiana.

I have heard counsel for the parties and have gone through the contents of the FIR.

In this case, as per the prosecution version, a secret information was received by the Police to the effect that Nirmal Singh, Pappu (petitioner) and their mother Mukhtiaro are doing the business of selling the poppy husk and at the time of giving information, it was informed that they were selling the poppy husk by keeping the sane in bags in the open plot. On the said information, a raid was conducted and 61 Kgs. of poppy husk was recovered from an open plot and no person was arrested from the spot.

I have perused the site plan, prepared by the police. The plot, from where the alleged recovery was effected, is not abutting to the house of the petitioner. Counsel for the petitioner contends that in this case, all the family members of the petitioner have been falsely implicated by the police and there is no material on the record which establish the conscious possession of the petitioner or his family members.

In view of the above, I deem it appropriate to grant regular bail to the petitioner.

Bail to the satisfaction of Chief Judicial Magistrate, Ludhiana.