IQBAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Cr.M.No. 15690/2004 :

(2.) This is a petition under Section 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) for releasing the petitioner on bail in case FIR No. 157 dated 14.7.2003 registered at Police Station City Moga for the offence under Section 15 of Narcotic Drugs and Pschotropic Substances Act, 1985 ('the Act' for short).

(3.) The allegations in the FIR are that Station House Officer, Police Station City Moga while he was in his office on the date of the occurrence at about 3.00 p.m. he received a telephonic call from Shri Surinder Singh Sidhu, P.C.S., District Transport Officer, Moga that he along with his gunmen were checking vehicles on a road which leads from Joginder Singh chowk to Lahara- Amritsar in the area of bus stand Moga, a white Tata Sumo vehicle which was going towards Lahara Chowk was signalled to stop but the driver did not stop the vehicle and fled away along with it. On suspicion they followed the said vehicle and at about one furlong and some distance beyond the Octroi Post, the driver of Tata Sumo suddenly stopped it and on finding himself surrounded ran away under the cover of darkness. At about 11.00 p.m., the Tata Sumo was impounded under Section 207 of Motor Vehicles Act and checked. Eight bags of poppy husk were recovered so the Police was asked to reach at the spot and take appropriate action. From this information offence under Section 15 of the Act was committed and FIR was registered against unknown owner of the Tata Sumo vehicle.