Jaswant Singh vs The State of Punjab

Ram Chand Gupta, J.

Crl. M. No. 6359 of 2011

Application is allowed subject to all just exceptions.

Crl. M. No. M-3477 of 2011

The present petition filed u/s 439 Code of Criminal Procedure is for grant of regular bail to the Petitioner in case FIR No. 16, dated 28.5.2009, under Sections 15, 25 and 29 of the NDPS Act, registered at Police Station S/SNC/Pb., District Amritsar.

I have heard learned Counsel for the Petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Tarn Taran, vide which application filed by the Petitioner for grant of regular bail has been dismissed.

Brief allegations against the Petitioner-accused are that on 28.5.2009, police party headed by ASI Satnam Singh was present in the area of Sarhali-Harike Road, when he received a secret information that some smugglers namely, Jaswant Singh son of Kartar Singh-accused, along with co-accused Ashok Kumar, Sukhpal Singh and Gurdip Singh are smuggling poppy husk from Rajasthan, Madhya Pradesh etc. and used to sell the same at Tarn Taran and Amritsar etc. and that today they will be coming in Scorpio car bearing No. PB-29H-0417 and a motor cycle bearing No. PB-07S-5881, and if raid is conducted, then heavy quantity of poppy husk could be recovered from them. Accordingly, raid was conducted and three persons including the present Petitioner-accused were nabbed at the spot, whereas one person succeeded in running away and 19 bags, containing 17 kg in each bag, of poppy husk were recovered from the Scorpio vehicle and hence 323 kg of poppy husk was recovered from the vehicle of the Petitioner-accused and other co-accused.

This is second application for bail filed by the Petitioner-accused. Earlier application filed by Petitioner-accused for grant of interim bail was disposed of with liberty to approach the Court of learned District and Sessions Judge, Amritsar. Bail application filed by co-accused Gurdeep Singh was also got dismissed as withdrawn vide order dated 24.5.2010, passed in Crl. M. No. M-8153 of 2010.

It has been contended by learned Counsel for the Petitioner-accused that there was curfew on the date of occurrence in the town and this fact has been admitted by PW1 Pirthipal Singh, DSP and that hence, the Petitioner has been falsely implicated in this case. It has been further contended that Petitioner has been continuing in custody since 28.5.2009.

However, heavy recovery of contraband has been effected from the Petitioner-accused. Hence, in view of the bar created by Section 37 of the NDPS Act, it is not such a case in which bail should be granted to the Petitioner-accused.

Hence, in view of these facts and without expressing any opinion on the merits of the case, the present petition filed by Petitioner-accused Jaswant Singh for grant of regular bail is hereby dismissed.

However, learned trial Court is directed to expedite the trial as Petitioner has been continuing in custody since 28.5.2009 and efforts be made to conclude the same within six months from the next date of hearing.

Registry is directed to send copy of this order to learned trial Court for compliance.