JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE contour of the facts, which needs a necessary mention for the limited purpose of deciding the instant petition for regular bail and emanating from the record, is that, on 20.4.2012, a police party headed by ASI Harbhajan Singh, consisted of other police officials, was present near Raymondwala Chowk. PW Amrik Singh son of Gurdial Singh also reached there. As soon as, the police party reached near the Circular Road of village Jawanharke (place of occurrence), in the meantime, the petitioner -accused was seen coming on his motorcycle, bearing registration No. PB -10 -CM -2052 on a metaled road. On seeing the police party, he became perplexed and immediately tried to turn back, but his motor -cycle slipped in that process. He alongwith his bag fell down on the ground. Some vials and tablets were spread out of the bag on the road. On the basis of suspicion, the accused was apprehended by the police party, who disclosed his name as Jagtar Singh son of Karamjit Singh (petitioner).

(2.) HAVING completed all the codal formalities and in the wake of search, 150 vials, each containing 100 tablets mark Diatil, (total 15000 tablets) and 14 strips, each containing 80 tablets (total 1120 tablets) were recovered from the bag of the petitioner. After taking samples, the remaining drugs were sealed into separate parcels and taken into possession, vide recovery memo in the presence of independent witness Amrik Singh.

(3.) HAVING exercised and lost his right of bail before Additional Sessions Judge, now the petitioner -accused has preferred the instant petition for regular bail in the indicated criminal case, invoking the provisions of Section 439 Cr.PC.