SUNIL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) F .I.R. No. 59 dated 2.4.1999 under Sections 18, 61 and 85 of the N.D.P.S. Act has been registered at Police Station City, Moga wherein the following allegations have been made :-

(2.) A person was coming on foot who, when questioned disclosed his name as Sandeep Kumar (petitioner herein). Since it was suspected that he was having in his possession some intoxicating material, he was informed accordingly. An offer was made that he could be searched in the presence of a Gazetted Officer or a Magistrate. On his willingness to be searched before a Gazetted Officer, consent memo was prepared. Then in the presence of the S.P. (D), who was called to the spot and who had also got the consent of the petitioner, search was conducted and two kilograms of opium was recovered in a cloth tied to his waist.

(3.) THE learned Additional Sessions Judge, Moga has pointed out that the investigation had been completed within the statutory period, that the challan was presented in time against the accused who is Sandeep Kumar son of Kasturi Lal who had signed all the documents as Sunil Kumar, that the challan had been presented against the accused within 90 days and, therefore, the mere fact that petitioner had signed as Sunil Kumar was of no consequence especially when in the report dated 30.6.1999, the accused has been shown as Sunil Kumar alias Sandeep Kumar alias Kali son of Kasturi Lal. The learned Additional Sessions Judge also pointed out that by simply signing the documents as Sunil Kumar, the petitioner cannot get any benefit and he is also not entitled to be released on bail invoking the provisions contained in Section 167(2) Cr.P.C. He, therefore, dismissed the bail application filed by the petitioner.