Jaswinder Singh alias Jassi vs State of Punjab

Rajan Gupta, J.—This is a petition u/s 439 Code of Criminal Procedure seeking regular bail in a case registered against the Petitioner under Sections 21, 22, 25, 29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Basti Bawa Khel, Jalandhar, vide FIR No. 42 dated 12th June, 2010.

Learned Counsel for the Petitioner contends that name of the Petitioner appeared in the disclosure statement of co-accused Dharamvir alias Dharma and on that basis he is sought to be tried in the case. He submits that evidence against the Petitioner being flimsy, he deserves the concession of bail.

I have heard learned Counsel for the Petitioner and given careful thought to the facts of the case.

On 12.6.2010 an Activa scooter was apprehended by the police and signaled to stop. On inquiry, the driver disclosed his name as Dharamvir alias Dharma. On search, he was found to be carrying 1.00 Kg. of heroin. During investigation he disclosed that the packet of heroin was given to him by Jaswinder Singh alias Jassi (Petitioner herein). After completion of investigation, Dharamvir along with co-accused (Petitioner) was charge-sheeted. Charge in the case was framed on 23rd October, 2010.

In view of the commercial quantity of the contraband recovered from the Petitioner, I am of the considered view that Section 37 of the NDPS Act would be attracted to the instant case. Thus, the Petitioner is not entitled to the concession of bail. The petition is hereby dismissed. It is, however, directed that the trial court shall endeavour to conclude the trial expeditiously.