RAJWANT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of the instant petition filed under Section 439 of the Code of Criminal Procedure read with Section 167(2) of the Code of Criminal Procedure for the grant of regular bail to the petitioner in FIR No.60 dated 1.6.2012, under Sections 21, 29, 61, 85 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act'), registered at Police Station Kartarpur, District Jalandhar.

(2.) FACTS , in brief, are that upon receiving secret information, Ranjit Singh @ Raja Kandola, Harkanwaljit Singh, Amandeep Singh, Sukhwinder Singh, Harjinder Singh and other accused were arrested and from their possession 34 kgs. Methamphetamine (ICE), 19 kgs. F Dreem and 200 grams heroin was recovered. As per prosecution version, upon their interrogation it came to light that the leader of such gang was Ranjit Singh @ Raja Kandola and he had purchased luxury cars and properties, which were being looked after by the present petitioners. It was further alleged that the present petitioners were helping him and were also taking care of his money. After adding offence under Sections 29, 61, 85 of the Act, the present petitioners were arrested on 10.6.2012.

(3.) LEARNED State counsel would vehemently oppose the present petition for grant of regular bail by contending that the petitioners are active members of a gang involved in trafficking illegal drugs and the kingpin of such gang is Ranjit Singh @ Raja Kandola i.e. husband and father of petitioners respectively. Learned State counsel would further argue that there was no requirement of serving notice on the petitioners insofar as application seeking extension of time for presentation of challan was concerned. State counsel would further submit that the report under Section 173 of the Code of Criminal Procedure already stands presented in the Court of competent jurisdiction on 15.12.2012 and in the light of such fact, the right under Section 167(2) of the Code of Criminal Procedure to be released on bail stands extinguished.