Tarlochan Singh vs State of Punjab

This is first application filed by the petitioner for regular bail Section 439 Cr.P.C. In FIR No.01 dated 17.6.2018 under Sections 18 of Narcotic Drugs

and Psychotropic Substances Act, 1985 and under Sections 420, 465, 468, 471 IPC registered at Police Station Patara, District Jalandhar (Rural).

As per version given in the FIR, the police received an information that Davinder Singh @ Dev, Gurbakhash Singh and Tarlochan Singh are doing the

smuggling of opium, heroin and intoxicant in iron kadai (caldron) and sending it to foreign country Canada through courier of Kamaljeet Singh. They

sent opium and Ketamine putting in Kadai (caldron) by preparing parcel through courier to Canada to Kamaljit Singh. Ajit Singh and Davinder Singh

are making wrong ID of Gurbakhash Singh. The information was that today they are opening the parcel of iron kadai (caldron) separating the opium

and Ketamine along with packing articles and that they are sitting in vehicles bearing registration no.RJ-13-CB-0504 and PB-08-CQ-3360 Micra

Nissan. On conducting the raid, from the first vehicle i.e. bearing registration no.RJ-13-CB-0504, the said opium and Ketamine was recovered.

The allegations are that the present petitioner Tarlochan Singh was sitting in the second car, which was coming behind the first car bearing registration

no.RJ-13-CB-0504. No recovery of narcotic was effected from the second car, though police alleged that some forged documents were recovered

from the second car. Therefore, at this stage, there are no allegations of alleged recovery of Narcotic drugs or Psychotropic Substance from the

present petitioner. Therefore, at this stage, it is doubtful, as to whether Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 will be

attracted qua the present petitioner. Petitioner is in custody since 17.6.2018.

Therefore, without commenting anything on merits of the case, petitioner is ordered to be released on bail on his furnishing personal bonds in the sum

of Rs.1,00,000/- with one surety of the like amount to the satisfaction of learned Chief Judicial Magistrate/ Duty Magistrate, Jalandhar.

Petition stands allowed.