BALDEV SINGH Vs. STATE OF H P

JUDGEMENT

(1.) Petitioner Baldev Singh prays for the grant of ball under Section 439 of the Code of Criminal Procedure.

(2.) It appears, Baldev Singh along with Surjit Singh and Hardev Singh was arrested on 5th July, 2002 in case FIR No. 130/02 dated 5th July, 2002 registered with Police Station, Sarkaghat, District Mandi, for offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act and Sections 181, 184. 187 and 192 of the Motor Vehicles Act.

(3.) The case of the Investigating Agency is : Head Constable Ghanshyam Singh as Traffic Incharge, was checking traffic on 5th July, 2002 near "Kainchi Mour" at Sarkaghat. At about 2.30 pm. a Maruti Car No. PB-11H-0427 came from Mandi side. This car was signalled to stop. The petitioner who was driving the car at the relevant time did not stop and drove the car towards Sarkaghat. Head Constable Ghanshyam Singh chased this car in a Taxi. The car was ultimately overtaken and stopped. The car was occupied by Hardev Singh and Surjit Singh while the petitioner was driving it. From the car one bag containing 1500 grams of "poppy husk" was recovered. The petitioner could not produce the papers of the vehicle and Investigating Agency has still not been able to find the owner of the vehicle. It is in this background that the case was registered at the instance of Head Constable Ghansyam Singh. Petitioner Baldev Singh is stated to be implicated in serious offences in Punjab.