JAGTAR SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2012-9-69
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 12,2012

JAGTAR SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

MEHINDER SINGH SULLAR, J. - (1.) THE contour of the facts, which needs a necessary mention for the limited purpose of deciding the instant petition for regular bail and emanating from the record, is that, on 20.4.2012, a police party headed by ASI Harbhajan Singh, consisted of other police officials, was present near Raymondwala Chowk. PW Amrik Singh son of Gurdial Singh also reached there. As soon as, the police party reached near the Circular Road of village Jawanharke (place of occurrence), in the meantime, the petitioner -accused was seen coming on his motorcycle, bearing registration No. PB -10 -CM -2052 on a metaled road. On seeing the police party, he became perplexed and immediately tried to turn back, but his motor -cycle slipped in that process. He alongwith his bag fell down on the ground. Some vials and tablets were spread out of the bag on the road. On the basis of suspicion, the accused was apprehended by the police party, who disclosed his name as Jagtar Singh son of Karamjit Singh (petitioner).
(2.) HAVING completed all the codal formalities and in the wake of search, 150 vials, each containing 100 tablets mark Diatil, (total 15000 tablets) and 14 strips, each containing 80 tablets (total 1120 tablets) were recovered from the bag of the petitioner. After taking samples, the remaining drugs were sealed into separate parcels and taken into possession, vide recovery memo in the presence of independent witness Amrik Singh. Leveling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that 15000 tablets of Diatil & 1120 tablets of Alprazolam were recovered from the possession of the petitioner without any permit or licence. In the background of these allegations and in the wake of recovery of indicated commercial drugs, the present case was registered against the petitioner, by virtue of FIR No. 21 dated 20.4.2012 (Annexure P1), on accusation of having committed the offences punishable under Sections 22,25 and 60 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as "the NDPS Act") by the police of Police Station Kot Dharmu, Distt. Mansa.
(3.) HAVING exercised and lost his right of bail before Additional Sessions Judge, now the petitioner -accused has preferred the instant petition for regular bail in the indicated criminal case, invoking the provisions of Section 439 Cr.PC.;


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