Sukhdev Singh vs State of Punjab

Inderjit Singh, J.—Petitioner Sukhdev Singh has filed the present petition u/s 439 Cr.P.C. for grant of regular bail in case FIR No. 123 dated 20.06.2012 registered at Police Station Phillaur, District Jalandhar, u/s 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ''the Act''). Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the present case. The identity of the petitioner is also doubtful. The recovery of two gunny bags is shown from the sugar cane field containing 52 Kgs. of poppy husk. Even the Investigating Officer has not excluded the weight of the gunny bags. In that way, the recovery is also less than commercial quantity.

On the other hand, learned Assistant Advocate General, Punjab opposed the bail application and stated that keeping in view the serious allegations against the petitioner, he is not entitled to the benefit of regular bail.

From the record, I find that as per prosecution version, the petitioner was not apprehended on the spot and was stated to have run away from the spot. The identity of the petitioner is yet to be proved before the trial Court. The recovery of 52 Kgs. of poppy husk is stated to have been effected from the sugar cane field. Two other co-accused have already been arrested in this case. The weight of the gunny bags has not been excluded by the Investigating Officer. Therefore, at this stage, it is doubtful whether net weight of Poppy Husk is 50 Kgs. or more or less. The benefit regarding the same is to be given to the petitioner. Nothing is to be recovered from him. No useful purpose will be served by keeping the petitioner in custody. Therefore, keeping in view the facts and circumstances of the present case and without discussing the facts in detail and without expressing any opinion on the merits of the case, the present petition is accepted and the petitioner is ordered to be released on regular bail on furnishing bail bonds in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Jalandhar.