GURTEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court seeking grant of regular bail in respect of a case registered against him vide FIR No.01 dtd. 8/1/2020 at Police Station City Raikot, District Ludhiana, under Sec. 22/25/29 of the NDPS Act.

(2.) It is the case of the prosecution that on 8/1/2020, a secret information was received by the police to the effect that Charanjit Singh (co-accused) and Gurtej Singh @ Shanty (petitioner) indulged in sale of intoxicant tablets and that even on the given day, they were proceeding on a motor- cycle bearing registration No.PB10DT-9437 for the purpose of selling intoxicant tablets. Pursuant to receipt of said information, the police was able to intercept the motor-cycle in question and to apprehend both the aforesaid persons. While the motor-cycle was being driven by Gurtej Singh (petitioner), Charanjit Singh (co-accused) was sitting on the pillion seat. Upon search of the accused and also of the motor-cycle, 1060 intoxicant tablets were recovered from the dicky of the motor-cycle, which upon chemical examination were found to contain 'Tramadol Hydrochloride'. The total weight of the recovered tablets was found to be 433.54 grams, which falls within the category of 'commercial quantity'.

(3.) Learned counsel for the petitioner has submitted that it is the co-accused, namely, Charanjit Singh, who is the registered owner of the motor-cycle in question and to whom the trial Court has released the motor-cycle on superdari as would be evident from Annexure P-1 and that as such, it is the registered owner, who can be attributed conscious possession of the recovered contraband, as the same was recovered from the dicky of the motor-cycle in question. Learned counsel has further submitted that since the co-accused has already been granted bail, the petitioner also deserves the same concession on the grounds of parity.