FREDRIC Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Fredric, who is residing in Delhi but is a resident of West Africa has filed the present petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 9 dated 24.9.2017 registered under Sections 21/29/61/85 of NDPS Act and Section 14 of Foreigners Act, 1946 (added at the time of framing of charges) at Police Station STF Phase IV, Mohali.

(2.) Learned counsel for the petitioner contends that the petitioner has falsely been implicated in the case, whereas, he was not involved in the case. The petitioner has been arrested on the basis of disclosure statement made by co-accused Jagjeet Singh and recovery has been shown to be effected from him. Learned counsel further contends that as per case of the prosecution, 100 gms of heroin was recovered from the petitioner and as per the provisions of NDPS Act, the same falls under the category of non- commercial quantity. The petitioner was arrested on 28.9.2017 and since then he is in custody. Challan has already been presented and no useful purpose would be served by keeping him in judicial custody. The petitioner had initially filed an application for grant of regular bail before the lower Court, which was dismissed by Special Judge (under NDPS Act), Mohali vide order dated 13.12.2017 on the ground that the petitioner had not surrendered his passport and there are chances that he may abscond. Thereafter he filed another application for grant of regular bail under the changed circumstances as the passport of the petitioner was taken by the police, which was also dismissed on 20.2.2018 on the ground that he is a foreign national and there is every likelihood that if he is released on bail, he may leave the country.

(3.) Learned counsel also contends that the passport of the petitioner is already in the custody of local police and he is ready to furnish the local surety as well. It is also the contention of learned counsel for the petitioner that the petitioner undertakes to appear before the trial court on each and every date and to abide by all the terms and conditions to be imposed by this Court or by the trial Court. Section 14 of the Foreigners Act was added while framing the charges in addition to Sections 21/29/61/85 of the NDPS Act but the same is not attracted in the present case. At the end, learned counsel for the petitioner contends that there are three accused in the present case including the petitioner, namely, Harpreet Singh @ Happy, Jagjeet Singh and they have already been granted concession of bail.