NIRBHAI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail to petitioner-Nirbhai Singh, who has been booked for having committed the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 vide FIR No.58 dated 20.04.2011, registered at Police Station, Sadar, Sangrur.

(2.) The brief facts of the case are that one Bhawanpreet Singh was arrested while driving truck bearing registration No.HR-38Q-1813 and two kgs of opium and 90 kgs of poppy husk were recovered. During investigation, it came to the notice of the Investigating Agency that the above said truck was owned by Nirbhai Singh (petitioner) and Manjeet Singh. The petitioner was arrested and the charge-sheet (report under Section 173, Cr.P.C) was presented.

(3.) Learned counsel contends that the registered owner of the truck No.HR-38Q-1813, namely, Hardev Kaur (PW-3) during her cross-examination, conceded that she had filed an application for releasing the said truck on Superdari in her favour and thereafter, she received the truck on Superdari. He further contends that the co-accused of the petitioner, Manjit Singh, has already been extended the benefit of anticipatory bail by this Court. He also contends that the alleged contraband was recovered from the possession of Bhawanpreet Singh. He further contends that the petitioner is behind the bars from 09.01.2012.