RASHPAL SINGH @ DAULA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The Petitioner seeks regular bail in a case registered against him on 17.10.2009 for the offence under Section 21 of the NDPS Act.

(3.) The FIR in the case has been registered on the statement of SI Kamaljit Singh, Incharge Special Staff, Tarn Taran. According to Kamaljit Singh SI, he along with other police officials were in a official 'Bolero' vehicle and were carrying out searches of bad elements in the area from Jhabhal to Gagobuha, Sur Singh etc. When the Police party had reached the Bus Stand at Gagobuha at 12.05 p.m. on 17.10.2009, a special informer gave information to Kamaljit Singh, SI that Rashpal Singh @ Daula (Petitioner) as also Harjit Singh @ Hira and Ranjit Singh @ Sonu together indulge in smuggling of 'heroin'. They supplied 'heroin' to their permanent customers in the area. On that day i.e. 17.10.2009, the three persons were on a 'Discover' motorcycle which was blue-black in colour and they had a packet of 'heorin' with them and would go to Sur Singh for selling the same to some customer. In case a check-post (naka) is laid on the roundabout within the area of Bhuchar Kalan then they could be apprehended along with the packet. The information was found reliable and offence under Section 21 of the NDPS Act was made out. Ashwani Kumar, Deputy Superintendent of Police, Sub-Division, Tarn Taran was apprised of the entire information that had been received and was requested to reach at the roundabout within the area of Buchar Kalan. A memo (ruqa) for registration of FIR was sent. At the roundabout, a check-post (naka) had been set up and two persons namely Harjit Singh @ Hira and Ranjit Singh @ Sonu were arrested. From the search of Harjit Singh @ Hira, 80 gms of 'heroin' was recovered and from the search of Ranjit Singh @ Sonu, 60 gms of 'heroin' was recovered. Rashpal Singh @ Daula (Petitioner), it is alleged, escaped from the place by throwing a polythene envelop which contained 860 gms of opium. The Petitioner was later arrested on 27.11.2009 and since then he is in custody. The co-accused of the Petitioner namely Harjit Singh @ Hira and Ranjit Singh @ Sonu have been released on bail vide order dated 17.12.2009 passed by the learned Special Judge, Tarn Taran. The bail application of the Petitioner was, however, dismissed by the learned Special Judge, Tarn Taran vide order dated 28.12.2009 (Annexure P1). The Petitioner is in custody since 27.11.2009 and no prosecution witness has been examined till date. The charge against the Petitioner was framed on 10.3.2011.