LAWS(P&H)-2020-10-120

LAKHWINDER SINGH Vs. STATE OF PUNJAB

Decided On October 26, 2020
LAKHWINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This third petition for regular bail has been filed by petitioner - Lakhwinder Singh @ Lakha, aged about 23 years - an accused in FIR No.162dated 17/10/2018 for the offence under Sec. 21 of NDPS Act, registered with Police Station City, Kotkapura.

(2.) In nutshell, the prosecution story is that on 17/10/2018 at about 6:40 p.m., a police party from Police Station City, Kotkapura while being present in the area of culvert over canal minor, Bajakhana Road, Kotkapura having laid a picket there, during the course of checking of vehicles intercepted a Swift Dezire car, white in colour having registration No.PB-04P-0396 coming Bajakhana side. The car was being driven by one Ajay Kumar alias Ajju, whereas present petitioner Lakhwinder Singh @ Lakha son of Jagtar Singh, resident of near Wood-weigh, Prem Nagar, Kotkapura was found to be sitting on the front seat and Shivpreet Singh @ Sonu and Ramandeep Singh were sitting on the rear seat. Suspecting that contraband was being carried in the car, DSP(D), Faridkot was summoned to the spot and then in his presence, the car was searched as per law. From the dash board, one polythene having heroin was recovered, which on being weighed came out to 255 gms. After drawing sample, the residue heroin was seized. The accused were arrested in this case. Formal FIR was got registered. The investigation in the case started. The present petitioner had filed a petition for regular bail before Judge, Special Court, Faridkot, which was however dismissed on 23/1/2019. Thereafter, the petitioner had filed a petition for regular bail before this Court bearing CRM-M-15396-2019, which was however withdrawn by learned counsel for the petitioner by making statement on 9/7/2019. After that, the petitioner had approached this Court again by way of filing CRM-M46909-2019, which was dismissed observing that since the contraband recovered amounts to commercial quantity attracting the rigors of Sec. 37 of the NDPS Act, the Concession of regular bail could not be granted. Now for the third time, the petitioner/accused has knocked at the door of this Court by way of filing the present, which is being opposed by the State counsel.

(3.) I have heard learned counsel for the parties besides going through the record.