BUTA 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.72 dated 15.07.2017 registered under Sections 15, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "NDPS Act") at Police Station Mehna, District Moga.

(2.) The facts relevant for disposal of the petition are that on 15.07.2017 police party headed by S.I. Lakhwinder Singh, Incharge, Anti Narcotic Drugs Staff, Moga intercepted Innova Car bearing registration No.PB-29M-0648 out of which one person escaped while two persons co-accused Buta Singh and Piyara Singh were apprehended and on search as per the prescribed procedure four bags containing 35 kgs. each of poppy-husk were recovered from the said car. During investigation, co-accused Buta Singh disclosed the name of the person who had escaped as Darshan Dass @ Ali. On his arrest said Darshan Dass @ Ali in his disclosure statement named the present petitioner and Harbans Singh @ Raja as the persons from whom they had purchased poppy-husk. Initially, the petitioner was declared proclaimed offender vide order dated 16.03.2018 and charge-sheet was filed against his co-accused Buta Singh, Piyara Singh and Darshan Dass alias Ali who are facing separate trial. On arrest of the petitioner, supplementary charge-sheet has been filed against the petitioner. The petitioner who is in custody since 20.06.2019 has filed the present petition for grant of regular bail.

(3.) Learned State Counsel has appeared and opposed the bail application.