Kamaljit Singh vs State of Punjab

S.S. Saron, J.—Heard counsel for the parties.

The petitioner seeks regular bail in a case registered against him on 16.11.2007 for the offence u/s 15 of the NDPS Act.

The FIR in the case has been registered on the basis of memo sent by Bawa Singh, ASI who along with other police officials was present at bus stand Landran in a Government vehicle driven by Constable Harminder Singh. A special information was received that Bikram Singh @ Rinku (non-petitioner) along with an unnamed companion were coming in a ''Scorpio'' car from Banur side and going towards Landran. If a check post was set up, poppyhusk could be recovered. The information was found reliable and Bikram Singh @ Rinku (non-petitioner) and his friend had committed an offence u/s 15 of the NDPS Act for which a memo was sent through Constable Jasbir Singh for registration of FIR u/s 15 of the NDPS Act. Joginder Singh, DSP Kharar arrived at the check post and a ''Scorpio'' vehicle which was seen coming was signalled to stop at Puli Majra. Three persons got down from the Scorpio vehicle who ran away from the spot. On checking the vehicle, five bags were found and each bag contained 20 polythene packets. On opening the same, poppyhusk was found in the polythene packets. From each of the bag, 2 samples of 250 gms each were separated and remaining poppyhusk weighed 39.5 kgs in each bag. In this manner, 200 kgs of poppyhusk was recovered.

The petitioner was not apprehended at the spot. His name is also not mentioned in the FIR. The petitioner has been named as an accused on the statement of Amar Singh before whom the petitioner is said to have made an extra-judicial confession. The petitioner is in custody since 25.8.2008. The prosecution has cited 16 witnesses and so far only 6 have been examined. The trial in the case is likely to take time.

According to the learned State counsel, the petitioner is also involved in case FIR No. 256 dated 23.8.2008 for the offence u/s 15 of the NDPS Act registered at Police Station Kharar. However, in the said case, the petitioner was found in possession of 25 Kgs of poppyhusk. The petitioner has been granted regular bail in the said case vide order dated 30.9.2008 passed by the learned Additional Sessions Judge, Mohali.

In the present case as already noticed the petitioner was not apprehended at the spot and is sought to be implicated on the extra-judicial confession of Amar Singh. The trial in the case is likely to take time. The prosecution is to establish its case by leading evidence.

Accordingly, the Crl. Misc. petition is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Mohali shall be admitted to bail.