GHANSO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Prayer in this petition under Sec. 439 Cr. P.C. is for the grant of regular bail in case FIR No.84 dtd. 29/8/2019 under Ss. 21 and 29 of the NDPS Act, Police Station Special Task Force Phase-IV, District SAS Nagar (Mohali).

(2.) The brief facts of the case are that FIR came to be registered on the basis of secret information that Lakho Rani wife of Late Jagga Singh, Ghanso @ Kalo wife of late Sh. Surinder Singh @ Chhinda (present petitioner) and Sukhwinder Singh @ Binder were doing the business of selling Heroin in connivance with each other. The said Heroin had been supplied by Jassu daughter of Jaggi Singh and all the three accused were coming towards Sangrur Basti for supplying the same in their car. Based on the said information a naka was laid and white swift car was stopped. The car was being driven by Sukhwinder Singh @ Binder (since granted bail vide Annexure P-3) and the owner of the car is said to be the present petitioner. 500 Grams of Heroin was recovered from the car.

(3.) The Counsel for the petitioner submits that there is violation of Sec. 42 of the NDPS Act and the petitioner could not be said to be in conscious possession as the bag was lying near the handbrake of the car and the petitioner was sitting on the rear seat. He further contends that petitioner is of the age of 37 years and her husband has already expired because of which the burden of taking care of her young children falls upon her. He lastly contends that the petitioner is in custody since 29/8/2019 and the prosecution evidence is nowhere near completion since 32 witnesses are cited in the list of witnesses but only three have been examined so far. He thus prays that he be granted the concession of regular bail.