SHINDA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Sec. 438 Cr.P.C. for pre-arrest bail has been filed by the petitioners - Shinda Singh and Charanjeet Kaur, both of them accused in FIR No.173 dtd. 8/11/2019 for the offence under Sec. 15 of NDPS Act, registered with Police Station Sadar, Malout, Tehsil Malout, District Shri Muktsar Sahib.

(2.) Briefly stated, the facts of the case as per the prosecution version are that, on 8/11/2019, a team from STF Camp Malout while being present near village Jhorar bus stand in connection with patrolling and checking of suspects had received a secret information that some unidentified persons had kept poppy-husk in the plastic bags in a room on eastern side of Panchayat Dharamshala located opposite to the Majar of Baba Nahar Singh at village Jhohar; the said team accordingly went there and found four polythene bags, three of black colour and one of white colour; on being searched, three plastic bags were found to contain 15 kgs. poppy-husk each, whereas fourth polythene bag of white colour was found to contain 10 kgs. 300 gms. of poppy husk, total 55 kgs. 300 gms.; the said contraband was accordingly taken into police possession. The matter was investigated, during the course of which accused Shinda Singh and his wife Charanjeet Kaur besides one more person were nominated being the persons to whom the contraband belonged. The accused had suffered extra judicial confession before Amritpal Singh on 11/11/2019.

(3.) On registration of formal FIR, apprehending their arrest in this case, the petitioners had approached the Court of Sessions seeking grant of pre-arrest bail by filing an application, however, their such request was declined by learned Additional Sessions Judge, Sri Muktsar Sahib vide order dtd. 20/12/2019. As such, the petitioners have approached this Court asking for similar relief.