Rajdev Singh @ Raja vs State Of Punjab

Manoj Bajaj, J

Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail, pending trial in case FIR No.79 dated 12.06.2020, under Sections 21, 25 and 29 N.D.P.S.Act, 1985, registered at Police Station, Bhadaur, District Barnala, who is in custody since his arrest on 12.06.2020.

As per the prosecution, on 12.06.2020, ASI Sharif Khan received a secret information and while acting upon the same, accused Rajdev Singh @ Raja and his co-accused Balveer Singh, who were travelling together were apprehended and 295 grams of heroin along with an amount of Rs.9500/-was recovered from the vehicle, wherein they were travelling.

Learned counsel for the petitioner has argued that the petitioner is in custody since long and as the co-accused of the petitioner, namely, 1 of 2 Criminal Misc.-M No.2634 of 2021 {2} Balveer, Singh has already been granted the concession of regular bail vide order dated 14.12.2020 (Annexure P-3), the petitioner be also extended the same concession. According to him, the vehicle, in which the petitioner and co-accused were travelling, does not belong to him and, thus, it is debatable if the contraband recovered by the police was in conscious possession of the petitioner.

On the other hand, the prayer is opposed by the learned State counsel, assisted by SI Gurjant Singh, on the ground that the the petitioner is involved in number of other cases and even in one case under the N.D.P.S.Act, he has already been convicted. He further submits that the petitioner was present at the spot when the alleged recovery was effected.

After hearing the learned counsel for the parties, this court does not find it to be a fit case for grant of regular bail to the petitioner at this stage as during the course of hearing, it is also not disputed by the learned counsel for the petitioner that the petitioner has already been convicted in a similar case under N.D.P.S.Act, but his sentence has been suspended. It is also not disputed by him that the petitioner is involved in number of other cases as well.

No case is made out for grant of bail.

Dismissed.