GURBAX SINGH ALIAS MANGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Having exercised his right of regular bail and lost in the Court of Session, petitioner Gurbax Singh alias Manga, has directed the present petition for regular bail in a case registered against him alongwith his other co-accused, namely, Bitia, Ghanshyam alias Bablu and Vijay Kumar, vide FIR No. 109 dated 29.4.2010, on accusation of having committed the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 by the police of Police Station Rajpura, Distt. Patiala, invoking the provisions of Section 439 Cr.P.C.

(2.) Concisely, the prosecution claimed that on 29.4.2010, the petitioner was driver on the three wheeler, while his remaining co-accused were traveling in it. The police party stopped the three wheeler and on the basis of suspicion, it was checked. According to the prosecution, 10 Kilograms of poppy husk was recovered from the bag, which was lying near the feet of Gurbax Singh-petitioner, while 25 Kgs. each from the bag of accused Bitia and Ghanshyam and 15 Kgs. from the bag of Vijay Kumar was recovered. On the basis of aforesaid allegations, the present case was registered against the accused, in the manner depicted here-in-above.

(3.) Notice of the petition was issued to the State.