RAJU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed present petition under Section 401 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C) read with Section 167(2) of the Cr.P.C. for setting aside the order dated 28.11.2019 along with application CRM-38575-2019 under Section 482 of the Cr.P.C read with Section 167(2) of the Cr.P.C. for grant of default bail to the petitioner in case FIR No.175 dated 26.09.2019 registered under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') at Police Station City Dhuri, District Sangrur.

(2.) Briefly stated the facts giving rise to the filing of the present revision petition are that on 26.09.2019 ASI Amritpal Singh along with ASI Jarnail Singh, HC Pardeep Singh and PHG Darshan Singh were present in private vehicle bearing No. PB28E-9977 at Kakkarwal Chowk Dhuri for patrolling duty. At about 6:25 P.M. secret information was received that accused-Raju Singh (present petitioner)was indulging in selling of intoxicant tablets and is already involved in other cases. He has also brought tablets from Laddi Singh and is present under the over bridge near Barnala-Dhuri Railway line in the area of city Dhuri and if raid were conducted he could be apprehended. The above said FIR was registered on the basis of written communication sent to SHO, PS City Dhuri. Raid was accordingly conducted and on search as per the prescribed procedure 10 intoxicant tablets of Alprazolam and 150 loose intoxicant tablets were recovered from conscious possession of the petitioner.

(3.) Since the Police did not file report under Section 173(2) of the Cr.P.C. despite expiry of 60 days, the petitioner filed application under Section 167(2) of the Cr.P.C for grant of default bail. The above said application was dismissed by learned Judge, Special Court, Sangrur vide order dated 28.11.2019 on the grounds that the FSL report had not been received and without the same it could not be ascertained whether the contraband recovered fell in the category of commercial or non-commercial quantity and that the petitioner is habitual offender involved in six other cases under the NDPS Act and two cases under the Punjab Excise Act, 1914 and his application for regular bail had already been dismissed.