High Court of Punjab and HaryanaCRM-M/8222/2016allowed

Gurjit Singh @ Wakeel v. State Of Punjab

2016-04-12Mr. Justice Dr. Shekher Dhawan2 pages

CRM-M No. 8222 of 2016 -1- In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 8222 of 2016 Date of Decision: 12.4.2016.

Gurjit Singh @ Wakeel ........Petitioner

Versus

State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.

Present:

Mr. S.S.Sidhu, Advocate for the petitioner.

Ms. Manpreet Dhaliwal, AAG, Punjab.

**** TEJINDER SINGH DHINDSA, J.

This order shall dispose of the present petition filed under Section 439 Cr.P.C seeking the benefit of regular bail to the petitioner in case F.I.R. No. 09 dated 4.3.2014 under sections 15, 25, 29, 61, 85 of N.D.P.S Act (later on challan has also been presented for offences under sections 201, 120-B I.P.C), registered at Police Station, Bhadaur, District Barnala. Learned counsel for the parties have been heard. As per prosecution version, based on secret information, a truck bearing registration no. HR-62-A-2525 was intercepted and from which an alleged recovery of 2880 kgs. of poppy husk was effected. F.I.R was registered against 4/5 unknown persons.

Present petitioner is sought to be implicated on the basis of a statement recorded of Balraj Singh under section 161 Cr.P.C. As per prosecution, Balraj Singh in his statement had GURPREET SINGH 2016.04.12 17:13 I attest to the accuracy and authenticity of this document chandigarh

CRM-M No. 8222 of 2016 -2stated that he had overheard conversation between certain persons as regards peddling in poppy husk.

Petitioner was arrested on 16.3.2014.

It has gone uncontroverted that Balraj Singh has been examined before the Trial Court as PW-1 and has not even supported the prosecution version. Rather he has categorically stated that no such statement was ever recorded. The petitioner is not stated to be involved in any other case under the N.D.P.S Act.

Under such circumstances, false implication of the petitioner in the present case, cannot be ruled out. Without making any observations on merits, present petition is allowed. Petitioner be enlarged on bail subject to satisfaction of Chief Judicial Magistrate/Duty Magistrate, Barnala.

(TEJINDER SINGH DHINDSA) JUDGE April 12, 2016 Gurpreet GURPREET SINGH 2016.04.12 17:13 I attest to the accuracy and authenticity of this document chandigarh