LAKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRM No. 16225 of 2021 Present application has been filed for seeking preponement of hearing of main petition i.e. CRM No. M-38305 of 2020. As the main petition is listed for today, the present application has become infructuous. CRM No. 27854 of 2021 Application is allowed, as prayed for. CRM No. M-38305 of 2020

(2.) The present petition has been filed under Sec. 439 Cr.P.C. for the grant of regular bail to the petitioner in FIR No. 29 dtd. 2/4/2020, registered under Ss. 18 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Mamdot, District Ferozepur.

(3.) Learned counsel for the petitioner argues that in the presentcase, the allegations are that the crop of green poppy, which is a banned crop, was found standing on the land belonging to the petitioner whereas, according to the petitioner, the land where the said crop was found, does not belong to him and even otherwise, at the time when the said crop was discovered by the police authorities, he was behind bars in another case and the co-accused, namely, Jaspinder Singh, who was arrested on the same allegations, has already been found innocent by the police authorities. Learned counsel for the petitioner contends that it is a specific case of the petitioner that the land where the said crop was found, does not belong to the petitioner and the allegation that the petitioner was behind sowing the said crop, is not only incorrect but is yet to be proved during the trial and, therefore, when the investigation is already over and the charges have been framed and two witnesses have already been examined, no useful purpose will be achieved in keeping the petitioner behind the bars during the entire period of trial as the trial is likely to take some time to conclude keeping in view the fact that the Courts are working in a restrictive manner due to pandemic of Covid-19.