Kuldeep Singh vs State Of Punjab

Gurvinder Singh Gill, J

This order shall dispose of the aforestated two petitions filed on behalf of petitioner Kuldeep Singh and Sukhdev Singh respectively seeking grant of

regular bail in a case registered vide FIR No.95 dated 15.07.2020, under Section 22/25/29-61-85 of Narcotic Drugs and Psychotropic Substance Act,

1985, registered at Police Station Dhanaula, District Barnala.

The FIR in question was lodged pursuant to receipt of a secret information on 15.07.2020 by the police to the effect that Chamkaur Singh, Manpreet

Singh and Bhinder Singh had formed a gang and used to supply intoxicant tablets to drug addicts and that on the said day they were roaming in village

Dhanaula and in case a raid is conducted they could be caught red handed. It is further the case of the prosecution that pursuant to receipt of said

information the police was able to nab the aforesaid three persons, from whose possession 1000 tablets of Tramadol were recovered. It is further the

case of the prosecution that during the course of interrogation, the aforesaid persons suffered disclosure statements to the effect that the said

contraband had been supplied by petitioner Sukhdev Singh and Kuldeep. It is further the case of the prosecution that after about four days of the

arrest of the petitioners they also made disclosure statements leading to recovery of more intoxicating tablets. While the petitioner Sukhdev Singh is

alleged to have got recovered 12200 tablets on 20.07.2020, the petitioner Kuldeep Singh alleged to have got recovered 870 tablets of Clovidol.

Learned counsel for the petitioner(s) has submitted that they have falsely been nominated in the instant case and that neither there is any secret

information against them nor they were arrested at the spot and that no sanctity can be attached to the alleged recovery of contraband which is stated

to have been effected much after their arrest.

Opposing the petitions, the learned State counsel has submitted that since it was pursuant to disclosure statements made by the petitioners themselves,

that huge quantitity of contraband was recovered, no case for grant of bail is made out. Learned State counsel, however, informed that both the

petitioners have been in custody for the last about seven months. It is further informed that petitioner Kuldeep Singh had earlier been involved in four

cases including one case registered under the NDPS Act but in that case he has already been acquitted. It has further been informed that petitioner

Sukhdev Singh is not involved in any other case.

Having regard to the facts and circumstances of the case and while bearing in mind that the petitioners were never arrested at the spot and have been

nominated as accused on the basis of disclosure statement, the admissibility and veracity of which would be debatable and the fact that the petitioners

have been behind bars since the last about seven months, further detention of the petitioners will not serve any useful purpose as the conclusion of trial

will take some time. The petitions, as such, are accepted and the petitioners are ordered to be released on regular bail on their furnishing bail

bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.