TARSEM MASIH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present petition is for grant of regular bail to the petitioner in FIR No.133 dtd. 2/11/2021 registered under Ss. 15(C), 29/61 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Bhogpur, District Jalandhar (Rural).

(2.) The present FIR has been registered on the basis of ruqa sent by the Sub-Inspector Navdeep Kaur to the effect that she alongwith ASI Satpal Singh and other police officials were in the Government Vehicle and were patrolling the area when the secret informer came present and informed that Chaman Lal (co-accused) and Shinder Pal Singh (co-accused), commuting by Canter bearing registration No. PB-23M-7691, being the driver and cleaner of the same respectively, were carrying poppy husk by hiding the same under the boxes of apples, which they were getting from Srinagar and were to supply the same to the customers at Jalandhar city and in pursuance of the said secret information, the barricades were set up and during checking, at the 'naka', the abovesaid canter was intercepted and the said co- accused Chaman Lal and Shinder Pal Singh were apprehended, and thereupon, the recovery of 110 kg of poppy husk from the canter was effected. It is further the case of the prosecution that the said accused Chaman Lal had made a disclosure statement to the effect that he, alongwith Shinder Pal Singh, had purchased five plastic bags total weighing 22/22 kg of poppy husk from one Dhaba and had loaded them in their canter and the present petitioner and co-accused Sukhdev Raj @ Sukha had purchased 30 kg of poppy husk from the same Dhaba and had loaded the same in the cabin of their truck bearing registration No.PB-10BZ-7207.

(3.) Though, claiming for the petitioner's case to be involving non- commercial quantity of contraband, learned counsel for the petitioner has also highlighted the fact that in various cases, even where recovery of commercial quantity was involved, there, the Hon'ble Supreme Court as well as this Court have, on the basis of arguable points in the bail application as well as by considering the period of custody and the merits of the case, granted bail/suspension of sentence. Some of the said judgments are being discussed hereinafter. In Criminal Appeal No.965 of 2021 titled as Dheeren Kumar Jaina v. Union of India, the Hon'ble Supreme Court in a case where allegation in the chargesheet was with respect to 120 kg of contraband i.e. 'ganja", thus, being of commercial quantity, was pleased to grant bail after setting aside the order of the High Court where the said application for grant of regular bail had been rejected.