HARPREET SINGH @ HAPPY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the present petition under Sec. 439 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') for grant of regular bail to the petitioner in case FIR No. 163 dtd. 31/5/2020 registered under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') in Police Station Sultanpur Lodhi, District Kapurthala.

(2.) Briefly stated, the facts relevant for disposal of the present petition are that on 31/5/2020 the police party headed by ASI Gurdeep Singh present in the area of village Toti noticed the petitioner coming from the side of village Toti and on seeing the police party, the petitioner took out one plastic bag with his right hand from the pocket of his pant, shifted the same from his right hand to left hand and in the course of shifting threw the bag in the bushes on the left side of the road. On suspicion the petitioner was apprehended and on search the plastic bag was found to contain heroin weighing 270 grams. Pursuant to registration of FIR the police investigated the case. Since the petitioner was declared to be juvenile, proceedings were taken before the Juvenile Justice Board, Kapurthala. The petitioner filed application for grant of regular bail before the Juvenile Justice Board, Kapurthala which was dismissed vide order dtd. 13/8/2020 by the Principal Magistrate, Juvenile Justice Board, Kapurthala on the ground that allegations against the petitioner are very serious in nature. If the petitioner is released on bail then it will not serve the purpose of justice, rather he may fall in the company of anti-social elements. Thereupon, the petitioner has filed the present petition for grant of regular bail.

(3.) The petition has been opposed by the learned State Counsel in terms of reply filed by way of affidavit of Sarwan Singh Bal, PPS, Deputy Superintendent of Police, Sub-Division Sultanpur Lodhi, District Kapurthala.