GURLAL SINGH @ LALI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition, filed under Section 439, Cr.P.C., is for grant of regular bail to the petitioner, Gurlal Singh @ Lali, son of Talwinder Singh, resident of Village Nathu Chak, Patti, Tehsil Patti, District Tarn Taran, who has been booked for having committed the offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the NDPS Act'), in a case arising out of FIR No. 248, dated 20.12.2013, registered at Police Station, Patti, District Tarn Taran.

(2.) Learned counsel contends that the petitioner was arrested on 20.12.2013 while he was allegedly in possession of 295 grams of Alprazolam; since the investigating agency failed to file the charge-sheet (report under Section 173, Cr.P.C.), therefore, learned Trial Court had granted bail to the petitioner on 19.5.2014; the petitioner continued to appear before learned Trial Court on each date of hearing even though the chargesheet (report under Section 173, Cr.P.C.) was not presented; on 21.4.2015, the petitioner could not appear before learned Trial Court/Special Judge and non-bailable warrants for securing the appearance of the petitioner were issued despite noticing the fact that before presentation of the charge-sheet (report under Section 173, Cr.P.C.), the presence of the accused was not required; and that the petitioner surrendered before learned Trial Court/Special Judge on 21.5.2015 and since then he is behind the bars. He further submits that still the charge-sheet (report under Section 173, Cr.P.C.) has not been presented. Learned counsel has placed reliance on the judgment of Hon'ble the Supreme Court delivered in the matter of Free Legal Aid Committee, Jamshedpur v. State of Bihar, 1982 AIR(SC) 1463 , to contend that before filing of the charge-sheet (report under Section 173, Cr.P.C.), the presence of the accused is not required.

(3.) Learned counsel for the State has not controverted the factual aspects raised by learned counsel for the petitioner. Learned counsel for the State is very specific in his submissions that still the charge-sheet (report under Section 173, Cr.P.C.) has not been presented.