MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner prays for grant of bail pending trial in a criminal case arising from FIR No.16, dated 04.08.2017 registered under Section 21, 25, 29 of NDPS Act, 1985, at Police Station State Special Operation Cell, Amritsar.

(2.) At the outset, it must be noticed that the petitioner is in custody for approximately 3 years and 6 months. It is also significant to note that Director General of Police, Punjab, after having examined the record, has already doubted the correctness of the story of the prosecution. On 12.01.2021, while deciding CRM-M-3144-2018, this Bench has passed a detailed order, directing the handing over of the investigation to the Central Bureau of Investigation as also for the registration of a criminal case against the police officials. The case of the prosecution has been noticed in detail in the afore-mentioned judgment which is extracted as under:-

(3.) Learned counsel for the petitioner submits that as per the case of the prosecution, there is no recovery from the petitioner and the genesis of the FIR itself is false. He further submits that the secret information, on the basis of which the petitioner is sought to be implicated, itself is in doubt. He further submits that the petitioner does not own land beyond the fenced border of India. He further contends that the petitioner is a first time offender and his co-accused Balwinder Singh @ Kukku has already been enlarged on bail for the last two years. He submits that the Director General of Police, Punjab, has already doubted the correctness of the case set up by the same police officials.