LAWS(P&H)-2023-1-128

LADWINDER SINGH Vs. STATE OF PUNJAB

Decided On January 23, 2023
Ladwinder Singh Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The prayer in the present petition under Sec. 439 Cr.P.C. is for the grant of regular bail to the petitioner in case FIR No.60 dtd. 26/4/2022 under Ss. 18-C of the NDPS Act registered at Police Station Sangat, District Bathinda.

(2.) The brief facts of the case are that while the police party was on patrolling duty a white coloured car came from Dabwali side. It was signalled to stop for checking. There were two persons in the car. The driver of the car disclosed his name as Ladwinder Singh @ Laddi (petitioner) and the persons sitting on the conductor seat disclosed his name as Badal Singh @ Bagi. One black coloured polythene was seen lying between both of them near the hand brake. On the search and seizure of the same, after following the proper procedure as envisaged under the NDPS Act, it was found to contain 2 kgs. 700 grams of opium.

(3.) The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case by the police officials. In fact, the petitioner was working with CIA Staff-I, Bathinda as an informer. The recovery has been planted upon the petitioner after mixing the Bourn Vita, other biscuits and cough syrups. Since the recovery was of contraband marginally above the commercial quantity i.e. 2 kgs. 500 grams of opium, the petitioner was entitled to the grant of bail.