VIKAS KUMAR @ VICKY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks regular bail in a case registered against him for the offences under Section 18 of the NDPS Act. Sh. Swaran Singh, ASI along with other police officials were present at Kainor lights at Morinda for carrying out search of suspicious persons and patrolling the area. A special informer informed ASI Swaran Singh that Vikas Kumar @ Vicky (petitioner) was selling opium in polythene paper near Sugar mill on the side from Sehari to Morinda. He was having plastic box in his hand which was open from the top and filled with opium. If a raid was conducted then Vikas Kumar @ Vicky (petitioner) could be apprehended with opium. The information was found reliable and disclosed the commission of offence under Section 18 of the NDPS Act. The case was registered and on a raid that was conducted the petitioner was arrested and 250 gms of opium was recovered which is nonCrl. commercial quantity. The petitioner was granted bail. However, he did not put in appearance on 5.12.2008. According to the petitioner, this was on account of some misunderstanding, otherwise he had been appearing on all the dates. The petitioner in any case was declared a proclaimed offender on 29.4.2009 and thereafter arrested by the police on 25.7.2009. Since then, he is in custody. In the trial, it is stated by the learned counsel for the petitioner that no witness has been examined and the trial in the case would take time. It is also stated by the learned counsel for the petitioner that non-appearance of the petitioner on 5.12.2008 was unintentional and due to misunderstanding. Otherwise, the petitioner would duly appear before the trial court for which a heavy surety may be imposed.

(2.) In the facts and circumstances, it would be just and expedient and keeping in view the fact that the recovered contraband is non-commercial quantity, the concession of bail is granted to the petitioner. Accordingly, the Crl. Misc. petition is allowed and the petitioner on his furnishing personal bond and two heavy local sureties to the satisfaction of the learned Chief Judicial Magistrate, Ropar shall be admitted to bail.