TARSEM SINGH @ SHAMI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition filed under Section 439 Cr.P.C. is for grant of bail to the petitioner in case FIR No. 51, dated 24.5.2012, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short the 'Act') registered at Police Station Lohian, District Jalandhar. I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Jalandhar, vide which application filed on behalf of the petitioner for bail was dismissed.

(2.) BRIEFLY stated, police received secret information that petitioner alongwith his brother Kala Singh and one another person namely, Gurnam Singh was having six bags of poppy husk near the kacha path by the side of the drain in the area of village Mandala Chhanna and were waiting for the customers for selling the same. Hence, a raid was conducted. Three persons were found sitting on the bags. However, after seeing the police party, petitioner and another person, namely, Gurnam Singh succeeded in running away on the motor -cycle standing nearby. However, co -accused Kala Singh apprehended at the spot. On search, 228 kgs of poppy husk was recovered from the said bags. Petitioner -accused was identified by ASI Major Singh, who was member of the raiding party.

(3.) HOWEVER , it is a matter of evidence as to how ASI Major Singh had identified the petitioner. At this stage, there are serious allegations against petitioner -accused that he alongwith his brother and one other person was having in his possession 228 Kgs of poppy husk for public sale. Such a huge quantity of poppy husk cannot be planted upon the petitioner and the co -accused. Recovery is commercial in nature. Hence, in view of the bar created under Section 37 of the Act, I am of the view that petitioner is not entitled for concession of bail. Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioner -Tarsem Singh @ Shami for grant of bail is, hereby, dismissed being devoid of any merit.