Criminal Misc. No.M-4866 of 2009 v. State of Punjab

Present: Mr.B.S.Kathuria, Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed by Karnail Singh under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 65 dated 12.5.2008, under Sections 15/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 420/467/468/471 of the Indian Penal Code, registered at Police Station Kotwali Kapurthala, District Kapurthala. The allegations against the petitioner are that he along with his co-accused Balkar Singh and Dinesh Kumar was travelling in a truck driven by Balkar Singh. 42 bags of poppy husk were recovered from the truck. Learned counsel for the petitioner has submitted that the Criminal Misc. No.M-4866 of 2009 -2- petitioner was not apprehended at the spot. The truck in question did not belong to the petitioner. The petitioner had been involved in the case on the basis of statements made by the co-accused. The petitioner is in custody since 28.7.2008. Learned State counsel, on the other hand, has opposed this petition. Keeping in view the fact that the petitioner was not apprehended at the spot and is in custody since 28.7.2008 and the factum of his having not been involved in any other case of similar type( as stated by the learned State counsel on instructions from HC Jaswant Singh), without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of learned Chief Judicial Magistrate, Kapurthala. April 02, 2009 (SABINA) JUDGE