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Judgment
18 paragraphs · 322 wordsHarnaresh Singh Gill, J
Case is taken up for hearing through video conferencing. Status report by way of an affidavit dated 12.12.2020 of Assistant Commissioner of Police,
Financial Crime, Ludhiana, filed through email, is taken on record.
Through this petition, the petitioner seeks regular bail in case bearing FIR No.139 dated 25.08.2005 registered under Sections 15 and 25 of the
Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Dehlon, District Ludhiana.
Learned counsel for the petitioner states that the petitioner has been in custody for the last 1 year and 19 days and there is no headway in the trial. It
is further stated that as a matter of fact no recovery was effected from the petitioner and the alleged recovery of 70 Kgs and 400 grams of poppy
husk was planted upon the petitioner. It is further submitted that another FIR registered against the petitioner on 25.08.2005 alleging his escaping from
the police custody is also a totally false case, as neither the petitioner had ever absconded nor he had any intention not to appear before the court and,
thus, the order declaring the petitioner as proclaimed offender has wrongly been passed.
On the other hand, learned State counsel states that in the present case petitioner remained absconding for a long span of 14 years i.e. from
25.08.2005 till 07.09.2019. He further states that apart from the aforesaid two FIRs, three more other cases stands registered against the petitioner,
though not under the NDPS Act.
I have heard the learned counsel for the parties.
There are, in total, five cases registered and pending against the petitioner. The petitioner appears to be a habitual offender. Merely, because there is
only one case under the NDPS Act registered and pending against him is no ground to presume otherwise.
Keeping in view the criminal antecedents of the petitioner, as noticed above, no case for grant of regular bail is made out.
Dismissed.
