Sukhwinder Singh @ Sonu vs State Of Punjab

Gurvinder Singh Gill, J

The petitioner seeks grant of regular bail in a case registered vide FIR No.23, dated 18.2.2020, Police Station Sadar, Kapurthala, District

Kapurthala, under Sections 22 and 29 of NDPS Act.

It is the case of prosecution that the petitioner along with Amritpal was intercepted by the police while they were going on a motorcycle which was

being driven by co-accused Amritpal Singh. It is allegedthat upon search of the petitioner as well as Amritpal Singh and also the motorcycle,

‘Diphenoxylate’ weighing 55 grams was found concealed underneath the seat of the motorcycle.

Learned counsel for the petitioner has submitted that the motorcycle in question is owned by co-accused Amritpal Singh who was driving the same

and that the petitioner had no knowledge about the articles being carried by Amritpal Singh underneath the seat of the motorcycle and as such cannot

be attributed any conscious possession of the alleged contraband recovered from underneath the seat. It has further been submitted that the co-

accused Amritpal Singh who was driving the motorcycle has already been released on bail vide order dated 16.12.2020 and as such the petitioner in

any case deserves the concession of bail on the grounds of parity.

Opposing the petition, the learned State counsel has submitted that since it is a case of recovery of ‘commercial quantity’ of contraband, no

case for grant of bail is made out. Learned State counsel however, does not dispute the factual aspect that the motorcycle in question is owned by co-

accused Amritpal Singh who was driving the same and who has since been released on bail. Learned State counsel has further informed that the

petitioner is not involved in any other case.

I have considered rival submissions addressed before this Court.

Having regard to the aforestated position wherein the contraband was recovered from underneath the seat of the motorcycle owned and driven by

co-accused, it will be debatable as to whether petitioner canbe attributed conscious possession of the contraband. In any case, the petitioner deserves

the concession of bail on the grounds of parity as well since the co-accused has already been released on bail. 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.