BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Tersely, the facts and material, which needs a necessary mention, for the limited purpose of deciding the instant petition for regular bail, filed by the petitioner and emanating from the record, as claimed by the prosecution is that, on 08.10.2013, a police party headed by Inspector Dilbagh Singh has arranged a barrier (nakabandi) near Daran link road bridge Akahra Bhamipura (place of occurrence). At about 10.30 PM, one Gypsy, one Canter and one Innova car came from the side of village Bhamipura. The police party signalled the drivers to stop the vehicles. Petitioner Balbir Singh was driving the Innova Car, which was coming at the end of the other vehicles. As soon as the vehicles stopped, in the meantime, the petitioner left his car in a start mode and suddenly ran away from the spot. The drivers of other vehicles disclosed their names as Manpreet Singh and Charan Singh. They have also disclosed the name of the petitioner Balbir Singh, driver of the Innova car, who has slipped away from the place of occurrence.

(2.) Having completed all the codal/statutory formalities and in the wake of search, 80 bags each containing 20 kg (16 quintals) of poppy husk were recovered from the possession of the accused, from their vehicles without any valid license or permit. On the basis of aforesaid recovery of commercial quantity of poppy husk, the present case was registered against the petitioner and his other co-accused, vide FIR No.96 dated 08.10.2103, on accusation of having committed the offences punishable under Sections 15 and 25 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the NDPS Act'), by the police of Police Station Hathur, District Ludhiana.

(3.) Having exercised his right of bail and remained unsuccessful in the court of Special Judge, now the petitioner has preferred the instant petition in this Court, for the grant of regular bail in the indicated criminal case.