JAGSIR SINGH ALIAS SIRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) INVOKING the provisions of Section 439 Cr.P.C., petitioner Jagsir Singh alias Sira son of Maha Singh, has instituted the present petition for regular bail in a case registered against him alongwith his other co-accused, namely, Lakhvir Singh and Balbir Singh, by virtue of FIR No.127 dated 15.9.2005 (Annexure P1) on accusation of having committed the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the Act), the police of Police Station Sangat, District Bathinda.

(2.) NOTICE of the petition was issued to the State.

(3.) WHAT is not disputed here is that according to the prosecution version, on 15.9.2005, the petitioner alongwith his other two co-accused was found in possession of 25 bags, each containing 35 Kgs. of poppy husk. The petitioner managed to escape, could not be arrested at the spot and subsequently, he was declared proclaimed offender. The learned State counsel has submitted that the petitioner is a habitual offender and involved in three more cases, vide FIR No.264 dated 3.6.2001 under section 18 of the Act, pertaining to Police Station Kotwali, Bathinda; FIR No.75 dated 5.7.2004 under section 15 of the Act, Police Station Joga, Distt.Mansa and FIR No.34 dated 28.3.2010 under section 18 of the Act, Police Station Maur.