NASEEB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Second petition has been filed under Section 439 of the Code of Criminal Procedure (for short 'Cr.P.C.') for grant of bail pending trial to the petitioner in FIR No.18 dated 09.11.2016, under Sections 21, 25, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), registered at Police Station SSOC Amritsar, District Amritsar.

(2.) As per prosecution case, 500 grams of Heroin as well as Indian Currency Notes (alleged drug money), amounting to Rs. 39,73,000/- were recovered from co-accused, namely, Abhishek Chetal on the basis of a secret information and he disclosed about the names of petitioner as well as other co-accused.

(3.) Contends that petitioner is in custody since 23.12.2016 and has been falsely implicated in the present case. Also contends that main accused Abhishek Chetal, from whom the alleged contraband was recovered, filed petition bearing CRM-M No.44010 of 2016 for transfer of investigation to CBI, which stands allowed vide order dated 30.01.2019 (P-l) by the co-ordinate Bench of this Court. Consequently, the proceedings before learned trial Court have been stayed and case is transferred to the CBI. Further contends that main accused Abhishek Chetal has also been granted the concession of regular bail by the co-ordinate Bench of this Court, vide order dated 26.09.2018 (P-2). Again contends that petitioner is neither named in the secret information; nor any recovery of contraband or money was effected from him and there is no material to connect him with the alleged recovery or to establish any relation with main accused Abhishek Chetal. Also contends that two other co-accused, namely, Gurbhej Singh @ Bheja s/o Atma Singh and Gurbhej Singh @ Bheja s/o Gurdeep Singh have also been granted the concession of regular bail by the coordinate Benches of this Court, vide orders dated 19.05.2017 and 21.08.2017 (P-3 colly.) Further contends that although there were two other criminal cases pending against the petitioner, but he is on bail in those cases. Also contends that above two cases have been planted upon the petitioner as he was behind bars when the same were registered. It is also the contention that complainant and Investigating Officer of the case is one and the same Officer, namely, S.I. Sukhbir Singh, thus, prosecution case is vitiated. Lastly contends that due to Covid-19 situation, there is no progress in the trial, thus, petitioner be released on bail.