ABHIJEET SINGH Vs. NARCOTIC CONTROL BUREAU CHANDIGARH

JUDGEMENT

(1.) The instant petition has been filed under Section 439 of the Code of Criminal Procedure seeking regular bail on behalf of the petitioner in case Crime No.13 dated 14.02.2020, under Sections 8, 21, 22, 25, 29 and 50 of the Narcotic Psychotropic Substances Act, 1985 registered at Police Station Narcotic Control Bureau Chandigarh, after such bail was declined by the Ld. Judge, Special Court/Duty Judge, SAS Nagar (Mohali) on 05.06.2020 vide his impugned order Annexure P-2.

(2.) The case of the prosecution /Narcotics Control Bureau, Chandigarh is that the Petitioner and his father/ co-accused Mandeep Singh were found in possession of 520 grams of heroin without any permit or license while they were travelling in car No. PB-11-AY-6043 and were arrested on 14.02.2020.

(3.) It has been mentioned in the petition that the aforesaid story set forth by the prosecution is highly improbable. It has also been mentioned that although the Respondent had prior information regarding the contraband, but no preparation were made to join the Executive Magistrate or any other independent witness before effecting the alleged recovery. It has been further contended in the petition that admittedly according to the prosecution the Petitioner was sitting in the rear seat of the car and was not in conscious possession of any contraband. The car was allegedly being driven by his father Mandeep Singh and the alleged recovery was effected from the dash board of the vehicle. As such there is no question of any recovery from the conscious possession of the Petitioner.