HARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner - Harinder Singh has approached this Court tinder Section 439 Cr.P.C. for grant of bail (in F.I.R. No. 225 dated 2.12.1998 under Sections 21/61/85 of the N.D.P.S. Act). This F.I.R. came to be registered at Police Station, Mohali on the following main allegations :

(2.) The petitioner is in police custody in F.I.R. No. 223 dated 1.12.1998 under Sections 292, 295-A, I.P.C. of the said police station. On interrogation, he disclosed that he had concealed some smack in a polythene bag in the newspaper bag, which was known to him. His disclosure statement under Section 27 of the Evidence Act was recorded and signed by him and witnesses. On the offer made to him whether lie wanted the search to be conducted in the presence of a Gazetted Officer or a Magistrate, he opted for the search by the Gazetted Officer and his consent statement was also recorded. The Superintendent of Police was requested by wireless to reach the spot. The SI/SHO along with others and accused-Harinder Singh reached the spot of recovery, namely his house, where the Superintendent of Police also had reached. In the presence of the Superintendent of Police, in accordance with the disclosure statement, petitioner-accused led to the recovery of one polythene bag from the waste newspaper bag lying in the first room of his house. On opening, it was found to contain 400 grams of smack. Two samples of 10 grams each and the remainder were packed separately and sealed with the seal of the SI/SHO and the seal was handed over to S.I. - Bahadur Singh.

(3.) Accused - Harinder Singh approached the Special Judge, Roop Nagar with an application for releasing him on bail under Section 439 Cr. P.C., which the learned Special Judge declined. Therefore, the petitioner has approached this Court for the same relief.