JASPAL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.29 dtd. 3/7/2021 under Ss. 22, 61, 85 of NDPS Act, registered at Police Station Mehal Kalan, District Bamala.

(2.) As per the FIR (Annexure P-1), the Officer Incharge of the Police Station had stated that he alongwith another ASI and one Constable were patrolling in a private vehicle and checking suspicious persons on the link road village Pandori to village Kubta and when they reached at T-point Link Road Hardaspura in the limits of village Kubta. Then at about 9.30 a.m. an informer came to him and informed that one Jaspal Kaur (petitioner) has brought intoxicant tablets from the outer State and sells the same and today also she is selling the same walking on link roads of village Hardaspura, Kutba and Lohgarh. The description of the petitioner was also stated by the informer and on the basis of information, the present FIR has been registered. Thereafter, as per the prosecution, the police party went to the disclosed place and saw the petitioner sitting on one side of the road and there was one plastic polythene bag lying infront of her and on enquiry she disclosed her name. Thereafter the police party tried to join public witness in the police party but no body was ready for the same. She was also carrying a ladies purse and, therefore, she had a legal right that her search may be conducted through any Gazetted Officer or a Magistrate but she replied that she has faith upon ASI and that he could conduct her search. Thereafter, the provision of Sec. 50 of the NDPS Act was complied with. During the search of the petitioner, 25 loose tablets were recovered from her hands and 1100 intoxicant tablets recovered from the aforesaid plastic bag which was lying infront of the petitioner. Thereafter the aforesaid tablets were sent to the FSL and it was found that the salt was of Tradamol Hydrochloride.

(3.) Dr. Rau, learned counsel for the petitioner has submitted that the petitioner is a lady aged 38 years and has been falsely implicated in the present case. He submitted that the petitioner is not involved in any other case and has clean antecedents and the reason for her false implication is that a few months ago there were Panchayat elections in the village and due to political rivalry, the present case has been planted upon the petitioner in connivance with the police. He submitted that from the aforesaid plastic bag Rs.32,350.00 were also recovered alongwith 1100 tablets and as per the case of prosecution itself the plastic polythene bag was not with the petitioner but was lying infront or by the side of the petitioner and in order to implicate the petitioner, 25 loose tablets have been shown to be in her hands. He submitted that the petitioner is in custody from 3/7/2021 which is almost 714 months and the investigation of the case has already been completed and challan was presented on 5/10/2021 and the charges were framed on 27/10/2021 and now the case is fixed for prosecution evidence. He further submitted that no independent witness was joined nor there is any evidence with the prosecution during investigation to show that the petitioner has procured the same from any other person or that she had been doing this in the past also. He submitted that in view of the peculiar facts and circumstances of the case, the bar contained under Sec. 37 of NDPS Act will not apply in the present case although the alleged recovery is commercial in nature.