GURMUKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No. 34 dated 30.04.2019 registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') at Police Station Special Task Force, Phase IV, District SAS Nagar, Mohali.

(2.) Briefly stated, the facts relevant for disposal of the petition are that on 30.04.2019, Inspector Harbans Singh alongwith other police officials was present near bus stop of village Harriar Kohara-Macchiwara road, District Ludhiana in connection with search of drug peddlers where he received secret information that accused-Harsimaranjit Singh, Rakesh Kumar and Gurmukh Singh indulge in sale of heroin in the area and are coming in car bearing registration no. DL-2C-AD-2323 to supply heroin to their customers at Ludhiana. If nakabandi is conducted on road leading from Machhiwara to Kohara, they can be apprehended. The information being reliable, ruqa was sent to the police station on the basis of which FIR was registered. Nakabandi was conducted and car bearing registration No.DL-2C-AD-2323 was seen coming from Machhiwara side with three persons. SI Gurcharan Singh signalled the driver to stop the car but the driver accelerated the same. Inspector Harbans Singh alongwith other police officials chased them and encircled the car near Gandhi Chowk Machhiwara. On being encircled, the driver of the car hit the same against electric pole and all the occupants of the car tried to run away. They were apprehended with the help of the members of the police party. On search 310 grams of heroin was recovered from the right pocket of the pant worn by accused-Harsimranjit Singh while 290 grams of heroin was recovered from the pocked of the pant worn by accused Rakesh Kumar. However, nothing was recovered from the petitioner-Gurmukh Singh. The petitioner and his co-accused were arrested and later charge-sheeted by the police.

(3.) The petitioner who is in custody since 30.04.2019 has filed present petition for grant of regular bail. Learned State Counsel has appeared and opposed the bail application. I have heard learned Counsel for the petitioner and learned State Counsel and gone through the record.