SHINGARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition is filed assailing the order dated 09.11.2010 passed by Special Judge, Hoshiarpur, thereby dismissing the application moved by the prosecution seeking discharge of the accused Shingara Singh (revisionist herein).

(2.) The brief facts of the present case are that an FIR No. 116 dated 18.09.2001, under Sections 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Sections 482, 465, 467, 468, 471 IPC, was registered with the Police Station Garhshankar, District Hoshiapur. After thorough investigation, police has submitted challan before the Court against Kuldip Singh and Paramjit Singh, however, Shingara Singh was not found involved in the said offences, hence, his name was mentioned in column No. 2 of the challan. Learned Trial Court having satisfied about the involvement of Shingara Singh in the said offence, pleased to summon Shingara Singh as an additional accused under Section 319 of the Code of Criminal Procedure. It is further revealed from the record that thereafter charges were framed against the present revisionist Shingara Singh, as well as, two other co-accused namely, Kuldip Singh and Paramjit Singh on 15.04.2002. Record further reveals that thereafter Shingara Singh remained absent, hence, he was ultimately declared proclaim offender.

(3.) Revisionist was again arrested and was sent to judicial custody and thereafter, an application was moved by the prosecution seeking discharge of the accused Shingara Singh (revisionist), which was dismissed by the learned Trial Court vide impugned order.