Criminal Misc. No. M-16029 of 2009 (O&M) -1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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Criminal Misc. No. M-16029 of 2009 (O&M)
Date of Decision:18.09.2009
Vinod Padikal and another
.....Petitioners
Vs.
State of Punjab
.....Respondent
CORAM:- HON'BLE MR. JUSTICE HARBANS LAL
Present:- Mr. Kunal Siag, Advocate for the petitioners.
Mr. Arshvinder Singh, Deputy Advocate General, Punjab.
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HARBANS LAL, J.
This petition has been moved by Vinod Padikal as well as
Parmod Kumar under Section 439 of Cr.P.C seeking their regular bail in
case FIR No.5 dated 3.3.2009 registered under Sections 21/25/29/61/85 of
Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, `the
Act’) at Police Station S/SNC/PB, Amritsar.
The facts in brief are that on 3.3.2009, on the information of
special informer, the Investigating Officer along with co-officials after
arresting and effecting the recovery of 2 Kg. of heroin from the possession
of accused Nirvair Singh and Harchand Singh alias Jhanda Singh in the
presence and on the instructions of PPS/DSP/SNC/PB/ASR got registered
the above said (present) case. During the investigation, the accused
disclosed that above said heroin was to be handed over to the above said
accused (referring to the petitioners). On 10.3.2009, on the information of
special informer, the petitioners were arrested and produced in the Court.
Criminal Misc. No. M-16029 of 2009 (O&M) -2
I have heard the learned counsel for the parties, besides
perusing the record with due care and circumspection.
Learned counsel for the petitioners has submitted with a good
deal of force that the petitioners had been taken up from the Bus Stand of
Amritsar where they were waiting for the bus to go to Jammu for their
business purposes. He further puts that no recovery has been effected from
these petitioners, and that being so, they may be admitted to bail.
As against this, the learned State Counsel maintained that as a
matter of fact, the petitioners are the smugglers. Nirvair Singh and
Harchand Singh alias Jhanda Singh were to hand over the heroin recovered
from their possession to the petitioners.
I have well considered the rival contentions. It is the specific
case of the prosecution that Nirvair Singh and Harchand Singh alias Jhanda
Singh had suffered a disclosure statement in the terms that the recovered
heroin was to be handed over by them to the petitioners. If the petitioners
are admitted to bail, they may abscond or tamper with the prosecution
evidence. Thus, keeping in view the seriousness of allegations, I do not
deem it a fit case to admit bail to the petitioners. Consequently, the present
petition is dismissed.
September 18, 2009 ( HARBANS LAL ) renu JUDGE