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(2020) Law Today Live Doc. Id. 15675 = 2020 L.A.R. (e-Suppl.) 2108
Decided on: 04.12.2020
Present:
Mr. G.S. Sandhu, Advocate for the petitioner.
Mr. Amit Mehta, Sr. DAG, Punjab.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 21, 22, 61, 85 – Arms Act, 1959 (54 of 1959), Section 25, 54, 59 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail -- Intoxicant tablets and powder were recovered from the car – Accused pleaded no knowledge about the presence of intoxicants in the car – Petitioner found to be innocent in the inquiry conducted by S.P. – He is involved in seven other case and on bail in all other cases -- Without meaning anything on merits of the case and in view of situation arising out of pandemic covid-19, Court deemed appropriate to enlarge the petitioner on regular bail.
(Para 3-7)
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RAJ MOHAN SINGH, J. (ORAL) –
1. The case has been taken up for hearing through video conferencing.
2. Petitioner seeks grant of regular bail in case bearing FIR No.211 dated 03.06.2020 registered under Sections 21, 22, 61, 85 of the NDPS Act at Police Station Sadar Dhuri.
3. Perusal of the record would show that FIR No.210 dated 02.06.2020 under Section 25 of the Arms Act was registered at Police Station Sadar Dhuri on the basis of secret information against Jarnail Singh @ Jelly and Shingara Singh for carrying illegal weapons in a car bearing No.PB-10-ET-7887 and on said basis, ruqa sent by the police against the aforesaid persons for registration of the offences under Sections 25/54/59 of the Arms Act at 7:30 PM. The aforesaid accused were apprehended on the same day. Thereafter, FIR No.211 was registered on 03.06.2020 at 1:32 AM in the same police station with the allegations that during investigation of FIR No.210 dated 02.06.2020, intoxicant tablets and powder were recovered from the car in question i.e. PB10-ET-7887. The accused namely Jarnail Singh @ Jelly and Shingara Singh pleaded no knowledge about the presence of intoxicants in the car. They pleaded that one Sansar Singh had to return an amount of Rs.42 lacs to Jarnail Singh @ Jelly. Shingara Singh had borrowed the car from him and thereafter, they had gone to Barnala where they met Preety Mann, who in all probabilities must have kept the intoxicant substance in the car at the behest of Sansar Singh.
4. Learned counsel for the petitioner submits that Jarnail Singh @ Jelly and Sansar Singh have been found to be innocent in the inquiry conducted by S.P. Sangrur.
5. Learned State counsel on the other hand admits the factum of petitioner being declared innocent in the inquiry conducted by SP, Sangur, but submits that the petitioner is having antecedent behaviour of criminal activities as he is involved in seven other case.
6. Learned counsel for the petitioner submits that the petitioner is on bail in all other cases.
7. In view of above, without meaning anything on merits of the case and in view of situation arising out of pandemic covid-19, I deem it appropriate to enlarge the petitioner on regular bail subject to his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court/concerned Duty Magistrate.
8. Nothing expressed hereinabove, shall be construed to be an expression of opinion on merits of the case.
Petition allowed.
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