LOVEPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This third petition has been filed under Sec. 439 Cr.P.C. for grant of regular bail in case F.I.R. No.12 dtd. 19/1/2022 registered under Ss. 21/29 of NDPS Act at Police Station Gate Hakima District Amritsar.

(2.) As per the case of the prosecution, one Gurjodh Singh @ Jodha along with Prabhjodh Singh @ Sonu @ Prabjot Singh were apprehended and from the rear seat of motorcycle of Gurjodh Singh @ Jodha 270 grams of heroin was recovered. The said accused are further stated to have nominated the present petitioner along with one Mohammad Hasim.

(3.) Learned counsel for the petitioner submits that the main accused namely Gurjodh Singh @ Jodha and Prabhjodh Singh @ Sonu @ Prabjot Singh already stand admitted to bail by this Court vide order dtd. 27/4/2022 passed in CRM-M-16466-2022 and that dtd. 13/12/2023 passed in CRM-M-17603-2023. Apart from that the petitioner is behind bars for more than 1 year, 9 months and 24 days. Further reliance is being placed upon Tofan Singh Vs. State of Tamil Nadu, (2021) 4 SCC 1 to submit that disclosure made by co-accused being a weak piece of evidence cannot be solely relied upon to drive home guilt of the petitioner.