Punjab And Haryana High Court · 2010

CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.H.S.Rakhra, Advocate for the petitioner in Crl.M.No.M-12989 of 2009. Mr.Sukhdev Kamboj, Advocate for the petitioner in Crl.M.No.M-7371 of 2010. Mr.Gaurav Garg Dhuriwala, AAG,Punjab. ...... RAM CHAND GUPTA, J.(Oral) This order will dispose of both the aforementioned petitions bearing Crl.M.Nos.M-12989 of 2009 and 7371 of 2010, filed by Sukhchain Singh and Gurmail Singh respectively, under Section 439 Cr.P.C. for grant of regular bail to them in case FIR No.85, dated 23.9.2008, under Sections 15/61/85 of N.D.P.S. Act, registered at Police Station Nihal Singh Wala, District Moga. I have heard learned counsel for the parties and have gone through the whole record carefully. Crl.M.No.M-12989 of 2009 (O&M) -2- The allegations against the petitioners-accused are that they were apprehended at the spot along with other co-accused while travelling in a jeep bearing registration No.PB11U-6846 and on search 27 bags containing 35 kg. of poppy straw each were recovered from the jeep and, hence there is total recovery of 945 Kg. of poppy straw.

It has been contended by learned counsel for petitioner- accused-Sukhchain Singh that police was inimical towards him and hence, he has been falsely implicated in this case. It is further contended that even Investigating Officer of this case was later on arrested in some other case. It has been stated by learned State counsel that petitioner- accused-Sukhchain Singh was apprehended at the spot and heavy recovery of poppy straw, which is a commercial quantity, was recovered from the jeep, in which he was also travelling along with co-accused Gurmail Singh and some other co-accused. It is further contended that Investigating Officer was later on involved in a case as there were allegations against him that he let off some accused in some other case and misappropriated 8 bags of poppy straw and there were also allegations of bribery against him and hence FIR was registered against him under Prevention of Corruption Act.

However, it is stated that the said fact is having no effect on the merits of the present case. I have considered all the facts of the case. It is a case of total recovery of 945 Kg. of poppy straw from the vehicle in which both petitioners-accused were travelling. They were apprehended at the spot. Hence, rigor of Section 37 of NDPS Act is applicable in this case. Hence, in view of these facts and without expressing any Crl.M.No.M-12989 of 2009 (O&M) -3- opinion on the merits of the case, both the petitions filed by petitioners Sukhchain Singh and Gurmail Singh for grant of regular bail are, hereby, dismissed being devoid of any merit. However, as the petitioners-accused are continuing in custody since 23.9.2008, learned trial court is directed to expedite the trial. It has been stated by learned State counsel that charge has already been framed in this case and the case is fixed for 27.4.2010 for prosecution evidence. Hence, learned trial court is directed to record evidence of prosecution on day to day basis and efforts be made to conclude the trial within four months from the next date of hearing. Registry is directed to send copy of this order to trial Court for compliance.

20.4.2010 (Ram Chand Gupta) Judge