JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner is seeking regular bail in case of FIR No.144 dtd. 8/11/2019, under Sec. 22 of Narcotic Drugs and Psychotropic Substances Act, 1985, (for short 'the Act') registered at Police Station Jhabal, District Tam Taran.

(2.) As per the case set up, on 8/11/2019 police received a secret information that Jaswinder Singh @ Jass (petitioner) is engaged in selling intoxicant tablets. He is bringing Narcotics from Amritsar on a motor cycle for selling it in village Jhabhal. Finding the information reliable, the information was forwarded to CPSDM, Tam Taran, who reached the spot. Nakabandi was set up, a person was seen coming on a Pulsar motor cycle and he had put a plastic bag between the petrol tank of motor cycle and his thigh. On signal from police, he tried to turn back the motor cycle but was caught. He disclosed his name as Jaswinder Singh. Sukhdev Singh son of Mukhtiar Singh was joined as a public witness. 50,000 tablets containing Tramadol salt were recovered from the petitioner.

(3.) Learned counsel for the petitioner submits that the petitioner is in custody since 8/11/2019, no prosecution witness has been examined. He further argues that the story put forth by the police official is improbable as prior to apprehending the petitioner, a Gazetted Officer was called at the spot. It is contended that father of the petitioner was holding a Wholesale Drug Licence, which was valid from 18/11/2013 to 17/11/2018. It is further argued that on an application made by the petitioner, the tower location of the police officials who apprehended petitioner were got preserved. Resultantly, the prosecution witnesses are intentionally not appearing for deposition. Submission is that petitioner was apprehended at 12:30 p.m. from Jhanj Ghar.