KHALARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Both the present petitions are taken up together for final disposal with the consent of learned counsel for the parties since both the petitions arise out of the same FIR and the prayer in both the cases is for the grant of regular bail.

(2.) Both the petitions have been filed under Sec. 439 of the Code of Criminal Procedure for the grant of regular bail to the petitioners in FIR No.09 dtd. 21/1/2023, under Ss. 21 of NDPS Act and Sec. 25 of Arms Act, 1959, registered at Police Station Mamdot, District Ferozepur.

(3.) The brief facts of the present case are that the present FIR was registered against 09 named and 10 unnamed persons on the basis of secret information received by the police that there will be delivery of contraband and arms across the border and in pursuance of the same there was a recovery of 02 kgs of heroin, one pistol and two magazines and 12 live cartridges from the fields of one Kulwant Singh who is not named in the FIR nor he is an accused in the present petition. The present petitioners have been named in the FIR alongwith 07 other persons. Three of the other accused persons who have been named in the present FIR i.e. Amrjeet Singh, Mangal Singh and Arshdeep Singh were exonerated by the police during the course of investigation. However, so far as Amarjeet Singh, is concerned, later on challan was presented against him and he filed bail petition bearing No.CRM-M-50114-2023 before this Court which was allowed on 16/11/2023 vide Annexure P-5. On the basis of secret information, the present FIR was registered but as per the prosecution itself, there was no recovery from the petitioners.