GURCHAIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Sec. 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No. 05 dtd. 14/3/2018 registered under Ss. 21, 29 of N.D.P.S. Act, 1985 at Police Station SSOC, Amritsar.

(2.) Secret information was received by the police on 14/3/2018 that one Balwinder Singh who had hidden 4 kilograms of heroin, had links with Pakistani Smugglers had called for heavy quantity of opium and has kept the same beyond the barbed wires in Tarn Taran Sector BOP Border Kulwant Muthiawala near water motor in wheat fields and has kept the same concealed. The police went to search the spot. One posse went to search the spot and another went to the residence of accused Balwinder Singh and on reaching the spot he met the commander of the BSF and with his help, they searched the wheat fields and when they reached near the motor of Baljit Singh s/o Gurdip Singh r/o Sultanpurwala Police Station, they found one plastic packet having four packets of heroin wherein 1 kg. each. After subsequent investigation, Balwinder Singh was found innocent. 3 months later one Kuldeep Singh was arrested in another case and he suffered a statement wherein he owned up to the seizure of this particular consignment of heroin and informed the police that the present petitioner was also his cohort. The petitioner was arrested and had also filed earlier bail application CRM-M-49744-2018 (Annexure P-3). That petition was dismissed with the following order:

(3.) Today learned DAG has argued that this is a case where no recovery was made from the petitioner and no other case is pending against him and even in the final report, no other evidence has been gathered against him except for the statement of co-accused Kuldeep Singh. Learned DAG, on instructions from ASI Gurvinder Singh, is not in a position to dispute these assertions of fact. Custody certificate has been placed on record as per which he has undergone nine months of custody.