Kulwinder Singh @ Kindri vs State Of Punjab

Gurvinder Singh Gill, J

The petitioner seeks grant of regular bail in respect of a case registered against him vide FIR No.235, dated 16.10.2019, Police Station Raman,

District Bathinda, under Section 22/25/27-A NDPS Act.

The allegations are broadly to the effect that one Angrej Ram and Kala Ram were found in possession of 1420 tablets of CLOVIDOL-100

(Tramadol) and that during the course of interrogation they disclosed that they had procured the same from petitioner Kulwinder Singh @ Kindri.

Learned counsel for the petitioner has submitted that he is nowhere named in the FIR nor any recovery was ever effected from him and that he has

been falsely implicated as an accused on the basis of disclosure statement allegedly made by co-accused which can hardly have any evidentiary value.

Opposing the petition, learned State counsel has submitted that since the petitioner is specifically nominated by both the co-accused as a supplier of

contraband, no case for grant of bail is made out particularly since he happens to be involved in one more case. Learned State counsel has however,

informed that the petitioner has been behind bars for the last about 7 months and that none of the PWs has been examined so far.

I have considered rival submissions addressed before this Court.

Having regard to the fact that the petitioner has been nominated as an accused on the basis of a disclosure statement, the admissibility and veracity

of which would be debatable and has been behind bars since the last about 7 months, his further detention will not serve any useful purpose as the trial

is yet to commence. The petition, as such, is accepted and the petitioner is ordered to be released on bail subject to his furnishing bail bonds to the

satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.