RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Sec. 439 Cr.P.C, 1973 for grant of bail pending trial in case FIR No. 151 dtd. 23/9/2018 registered under Sec. 21 of NDPS Act at Police Station Bhogpur, District Jalandhar Rural.

(2.) Learned counsel for the petitioner contends that the case against the petitioner is concocted. The case has been fabricated against the petitioner only for the reason that he was travelling as a passenger in the car driven by the co-accused from which 300 grams of heroin was recovered. It is further contended by the counsel that the petitioner has nothing to do with the said co-accused or the car in question. The said car does not belong to the petitioner. He was travelling in the car on the said date only as a passenger for hire. It is also contended that even during the investigation, the Police have not been able to collect any evidence to connect the petitioner to the alleged recovery. There is no other case of any kind against the petitioner. Challan has already been filed. The petitioner is in custody since 23/9/2018. He is not required for any investigation purposes. Hence, the petitioner deserves to be released on bail.

(3.) On the other hand, learned State Counsel, on instructions from HC Hardeep Singh submits that the petitioner is involved in a case of recovery of commercial quantity of heroin. He was arrested from the spot, while travelling in the same car in which the heroin was found. However, it is not disputed that the said car does not belong to the petitioner or that he is not the owner or driver of the said car. It is also not denied that the petitioner is in custody since 23/9/2018 and that there is no other case against the petitioner.