GURJINDER SINGH @ SUKHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Section 439 Cr.P.C. on behalf of the petitioner-Gurjinder Singh @ Sukhi for grant of regular bail in case FIR No.19 dated 10.04.2013, under Sections 22, 25, 61, 85 of Narcotic Drugs and Psychotropic Substances Act registered at Police Station Jaurkian, District Mansa.

(2.) Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case and an application was moved by father of the petitioner to Senior Superintendent of Police, Mansa, which was marked to Deputy Superintendent of Police, Sardulgarh for inquiry. After recording of the statements of various persons, the petitioner was found innocent in the detailed inquiry. Learned counsel for the petitioner further submits that the petitioner is not habitual offender as there is no other case pending against him. Although an independent witness was joined at the time of alleged recovery but the seal was not handed over to him and the same was handed over to ASI Purshotam Singh. Learned counsel also submits that there was delay of 12 days in sending the sample to Forensic Science Laboratory and the same has not been explained. Learned counsel also submits that the petitioner was alleged to have been driving the motorcycle and the co-accused of the petitioner was pillion rider carrying a bag and keeping all these facts, the petitioner was found innocent.

(3.) Learned State counsel opposes the bail of the petitioner on the ground that alleged recovery is commercial and whether the bag in question belongs to the present petitioner or the co-accused is to be seen by the trial Court.