Gurpreet Singh @ Gopi @ Zarila vs State of Punjab

The present petition has been filed under Section 439 Code of

Criminal Procedure for grant of regular bail to the petitioner in case FIR

No.232 dated 21.09.2014 registered for the offence punishable under

Section 22 of Narcotics Drugs and Psychotropic Substances Act, 1985, at

Police Station Shahkot, District Jalandhar City.

Heard.

Notice of motion.

On asking of the court, Mr. T.N. Sarup, Addl.AG, Punjab, who

is present in the Court accepts notice and submits that intimation by

Registry informing of fixation of the petition has already been received and

record of the case is available with him.

Learned counsel for the petitioner submits that no recovery was

effected from the petitioner and he has been nominated in this case on the

disclosure statement of main accused, namely, Baljinder Singh that he had

been purchasing narcotics from the petitioner. The petitioner was in custody

in some other case and thereafter, he was taken in custody in this case.

Learned State counsel submits that the petitioner was arrested

on 15.01.2015 in case bearing FIR No. 15 dated 14.01.2015, registered at

Police Station Shahkot. During investigation of this case, main accused-

Baljinder Singh had disclosed that he had purchased narcotics from the

petitioner, who was taken in custody in this case as well. He further submits

that after investigation the challan has been presented by the police.

It is submitted that main accused-Baljinder has since expired

and except statement of Baljinder Singh, there is no evidence against the

petitioner.

In view of above but without expressing any opinion on merits

of the case and keeping in view the fact that conclusion of trial will take

considerably long time, the present petition is allowed. Petitioner-Gurpreet

Singh @ Gopi @ Zarila is ordered to be released on regular bail on

furnishing bail bond and surety bond to the satisfaction of concerned trial

Court/Chief Judicial Magistrate/Duty Magistrate, subject to following

terms:-

(a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C. (b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the Court.