PARVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This 2nd petition under Sec. 439 Cr.P.C. is for the grant of regular bail in case bearing FIR No.06 dtd. 24/1/2021 registered under Ss. 21, 29, 61, 85 of NDPS Act, Ss. 25, 29-A, 54, 59 of Arms Act and Sec. 207 of Motor Vehicle Act, with Police Station City Ahmedgarh, District Malerkotla.

(2.) The brief facts of the case are that while the police party was on patrolling duty and reached near the under-bridge, Ahmedgarh, then at about 11.45 PM one car make Swift of white colour was coming from village Jandwali. Three persons were sitting in the car and on inquiry, the driver disclosed his name as Sukhjinder Singh @ Sukh Dhillon son of Lakha Singh. The person sitting on the conductor seat stated that his name was Parvinder Singh @ Gaggu (petitioner) son of Ranjit Singh and the persons sitting at the back side disclosed his name as Akshay Kumar @ Sunny. On checking of the car, one transparent bag of white colour was found containing intoxicating material. One electric scale, one aluminum paper, one lighter, 12 transparent plastic bags, one pistol .32 bore, 02 magazines in which there were 7 live cartridges were also found and recovered. Thereafter, as the accused could not produce a licence regarding the weapons, the provisions of the Arms were invoked. From the vehicle, 300 grams of heroin was recovered. From the personal search of the petitioner 10 grams powder and from that of Akshay Kumar @ Sunny 15 grams powder came to be recovered. The said powder was subsequently known to be heroin.

(3.) The learned counsel for the petitioner contends that the petitioner has been in custody for almost 02 years i.e. since 24/1/2021. None of the 17 prosecution witnesses had been examined so far. He was an accused in two other cases. In the case under Sec. 302 IPC, he had been granted the concession of bail, whereas in the case under Sec. 307 IPC his bail application was pending. In view of the judgment of the Hon'ble Supreme Court in case of Nitish Adhikary @ Bapan Versus The State of West Bengal, SLP (Crl) Nos.5769/2022 arising out of judgment and order dtd. 4/5/2022 in CRM(NDPS) No.442/2022, decided on 1/8/2022 and followed by this Court in the case of Balraj Singh Versus State of Punjab, CRM-M-57386-2022, decided on 14/12/2022, he was entitled to the grant of bail having undergone almost 02 years of custody.