Gurwinder Singh vs State Of Punjab

Manjari Nehru Kaul, J

Instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 121, dated 30.09.2020, under

Section 21 of the NDPS Act, 1985 (later on added Section 31 of the NDPS Act and Section 207 of the M.V. Act), registered at Police Station STF

Phase-IV, SAS Nagar Mohali.

Learned counsel for the petitioner inter alia contends that it is a case of false implication, inasmuch as, neither was the petitioner the owner of the

vehicle from which the recovery of 267 grams of heroin effected nor is he involved in any other criminal case, much less, under the NDPS Act. It has

been contended that the alleged recovery of 267 grams of heroin is marginally above the minimum commercial quantity. Learned counsel has further

submitted that the recovery was allegedly effected from a bag, which was lying in the vehicle next to the gear box and hence, it could not be said to

have been recovered from the conscious possession of the petitioner. It has also been submitted that the petitioner has been in custody since 30th

September, 2020 and there is no likelihood of the trial concluding anytime in the near future, as only challan has been presented till date.

Per contra, learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, on instructions from ASI

Balwinder Singh, has submitted that the petitioner was the driver of the car and apprehended along with three other accused, who were travelling with

him. He has, however, not been able to controvert the factum of the petitioner not being involved in any other case other than the present one.

Heard.

In view of the submissions made by learned counsel for the parties and keeping in view the fact that petitioner has been in custody since 30.09.2020, I

deem it a fit case for grant of the concession of regular bail to the petitioner, as the trial is unlikely to conclude in the near future, more so, in the

prevailing conditions due to the outbreak of COVID-19. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial

Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the

merits of the case.