JASBIR SINGH ALIAS KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in this petition is for grant of regular bail to the petitioner, Jasbir Singh alias Kala, who has been booked for having committed the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in a case arising out of FIR No. 2, dated 03.01.2013, registered at Police Station, Sirhind, District Fatehgarh Sahib. Learned counsel contends that according to prosecution, four persons were travelling in a car out of which one ran away after seeing the police party and after apprehending the petitioner and his two co -accused, namely, Lakhvir Singh and Kamaljit Singh, 70 Kg of poppy husk was recovered from three bags lying in the boot of the car. He further submits that the conscious possession would be a moot point in this case; that Kamaljit Singh, a co -accused of the petitioner, has already been released on bail in consonance with the provisions contained in Section 36 -A of NDPS Act /167(2), Cr. P.C.; that the poppy husk so recovered is slightly above the commercial quantity; and that the petitioner is neither required nor involved in any other case.

(2.) LEARNED counsel for the State, on instructions from ASI Hamir Singh, Police Station, Sirhind, District Fatehgarh Sahib, very fairly concedes that the petitioner is neither required nor involved in any other case. He further submits that 70 Kg of poppy husk was recovered from the boot of the car in which the petitioner and his co -accused were travelling. He further submits that the commercial quantity of the poppy husk is 50 Kg.

(3.) THE petitioner is behind the bars from 03.01.2013. Kamaljit Singh, a co -accused of the petitioner, has been granted bail under Section 36 -A of NDPS Act/167(2) Cr.P.C. since the charge -sheet could not be filed within 180 days. The conscious possession of the contraband would be a moot point during the course of trial since the poppy husk was recovered from the boot of the car. One of the person travelling in the car had ran away after seeing the police party. Concededly, the commercial quantity of the poppy husk is 50 Kg and he is neither required nor involved in any other case. Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed. Petitioner -Jasbir Singh alias Kala, s/o Amrit Singh, r/o village Rohno Kalan, P.S. Sadar Khanna, Tehsil Khanna, District Ludhiana, is ordered to be released on bail during the pendency of this case subject to his furnishing bail bonds to the satisfaction of learned trial court.