Tarlochan Singh alias Kaka v. State of Punjab

CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. DS Virk, Advocate, for the petitioner. GURDEV SINGH, J. Heard. The petitioner/accused, Tarlochan Singh, has filed this petition under Section 439 of the Criminal Procedure Code for grant of regular bail in FIR No. 51 dated 6.4.2010 registered at Police Station Lalru, District S.A.S. Nagar Mohali, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'). He has contended therein that he has been falsely implicated and has no acquaintance or relation with two other persons, who have been arrayed as co-accused, as they belong to different States. In fact, he has been involved due to vindictive attitude of the officer in-charge of the police station, as one day before the alleged recovery he was intercepted by that officer in- charge and he had demanded money from him on account of over-loaded tractor-trolley of fodder. The mandatory provisions of Section 50 of the Act were not complied with and for falsely implicating him a story has been Crl. Misc. No. 4735 of 2011 2 concocted. As per the contents of the FIR, one motor car bearing registration No. PB-10-CNT-7622 was intercepted by the police party, headed by Depinder Singh, SI, SHO, in which the present accused along with Ashim Kumar and Parmod Singh, was found travelling and when the search thereof was taken, 75 kgs of poppy husk, contained in three bags, was recovered. Merely on the ground that other accused are from different States, it cannot be inferred that they have no acquaintance or relations with the present accused. The mandatory provisions of Section 50 of the Act were not to be followed, as the search was effected from the car and not from the personal search of any of the accused. There is no document on the record to substantiate the story of the accused that he has been falsely implicated by the SI/SHO on the ground that he had demanded illegal gratification from him for over-loading the tractor-trolley of fodder. There is no reasonable grounds for believing that he did not commit any such offence and there is no likelihood of his committing such offence in case, he is released on bail. Keeping in view the quantity of the contraband recovered from his possession, no ground is made for bail and the petition is hereby dismissed. March 21, 2011 (GURDEV SINGH ) JUDGE