SARABJIT SINGH @ SAAB Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in these petitions is for grant of regular bail to the petitioners namely Sarabjit Singh @ Saab and Ginder Singh @ Gurwinder Singh under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.90 dated 09.05.2019, for offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act'), registered at Police Station City Malout, District Sri Muktsar Sahib.

(2.) Counsel for the petitioner(s) has argued that as per the allegations in the FIR, the police party stopped a car, which was driven by the petitioner - Sarabjit Singh @ Saab and the other petitioner i.e. Ginder Singh @ Gurwinder Singh was sitting on the co-driver seat. On suspicion, a notice was given to them, giving option to be searched before the Gazetted Officer or the Magistrate, in which they opted to be searched before the Gazetted Officer and thereafter, the Deputy Superintendent of Police was called at the spot and in his presence, the recovery was effected and 02 bags of 25 Kgs + 25 Kgs, total 50 Kgs of poppy husk was recovered. It is also argued that both the petitioners are the first offenders and they are not involved in any other case under the NDPS Act. It also submitted that challan stands presented and till date, no prosecution witness has been examined and it will take long time in conclusion of the trial.

(3.) Counsel for the petitioner(s) has further argued that since the recovery of poppy husk, effected from the petitioners, is only 50 Kgs and not above 50 Kgs, therefore, the contraband recovered in the present case is falling in the non-commercial quantity.