PARDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition, under Section 439 of the Code of Criminal Procedure, has been filed by the petitioner seeking bail pending trial in a criminal case arising from FIR No.326, dated 16.12.2019, registered under Section 15 of the Narcotic Drugs and Psychotropic Substance Act, 1985, at Police Station Patran, District Patiala.

(2.) As per the case of the prosecution, a police party led by ASI Jarnail Singh, was on a routine patrolling duty when a secret information was received about the transportation of dried poppy pods, by the accused, in a car. The Assistant Sub Inspector Jarnail Singh sent a ruqa/communication to his superiors and requested for deputing enabled officer for further investigation. On receipt thereof, the afore-mentioned FIR was registered and the Inspector of Police, along with other officials reached at the spot and took charge. ASI Jarnail Singh was relieved and thereafter on being intercepted, 120 Kgs of dried Poppy pods were recovered from the car, occupied by the petitioner and co-accused.

(3.) Learned counsel for the petitioner has submitted that there was a total non-compliance of Section 42 of the Narcotic Drugs and Psychotropic Substance Act, 1985 and therefore, no case against the petitioner is made out and hence, the petitioner should be granted the concession of bail. He relied upon the judgment passed in Karnail Singh vs. State of Haryana, 2009 8 SCC 539.