Rawinder Singh @ Ravi v. State Of Punjab
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) /+0 % This is the third petition which was filed under Section 439 of the Cr.P.C. for grant of regular bail to the petitioner in case FIR No.78 dated 19.07.2017 under Sections 22/27-A/29 of the & '
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Vide order dated 29.04.2019, a Coordinate Bench of this Court after making the following observations extended the concession of interim bail to the petitioner:-
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3.
Thereafter, the case kept getting adjourned with the interim order dated 29.04.2019 being extended on all the subsequent dates. On the last date of hearing i.e. 15.11.2023 since there was no representation on behalf of the petitioner, the case was adjourned to today with no order for extension of interim order.
4.
Learned counsel for the petitioner has vehemently contended that it was evidently a false case which had been planted upon him inasmuch as he had been picked up from his residence on the day when the alleged recovery was effected from him. Learned counsel has reiterated his submissions made on 29.04.2019 before this Court that after being picked up from his residence, a huge recovery of 2.5 kgs of heroin each had been planted upon him and the co-accused. He has argued that since the evidence is underway and ever since the grant of concession of interim bail to him vide order dated 29.04.2019, he has not misused the concession, the interim bail granted to him be either extended or be made absolute.
5.
Per contra, learned State counsel has vehemently opposed the prayer and submissions made by learned counsel for the petitioner for extending the interim bail which had been granted to the petitioner by a Coordinate Bench of this Court on 29.04.2019 or even enlarging him on regular bail in view of the serious allegations levelled against the petitioner as well as his criminal antecedents. It has been asserted by the learned State counsel that a specific secret information had been received qua both the accused including the petitioner that they had links with one Raja Kandola, who is also a prime accused in a multi crore drug syndicate; they all had been in regular touch with their suppliers in Pakistan from whom they had been getting regular supplies of heroin, which were then sold by them; the money which they were earning from the sale of heroin was being distributed amongst all of them through Hawala. Learned State counsel has further submitted that
the petitioner along with co-accused were intercepted by the police party pursuant to a secret information received and a total recovery of 5 kgs of heroin was effected from the car in which they were travelling. Learned State counsel submits that the contention of the learned counsel for the petitioner qua being falsely implicated is devoid of any merit as all the mandatory provisions of the NDPS Act were duly complied with when the petitioner and the co-accused were nabbed by the police on 19.07.2017. Learned State counsel has also drawn the attention of this Court to the affidavit dated 07.02.
2019 of Jaspal Singh SI and has submitted that the criminal antecedents of the petitioner are further evident from the fact that in the year 2003, a criminal case was registered against him in USA for having been found in possession of 19 kgs of cocaine and thereafter he had been deported to India. Besides this, during investigation enough incriminating material showing the involvement of the petitioner in the sale and purchase of narcotic substances had come to light. Learned State counsel has also drawn the attention of this Court to the affidavit of Prabodh Kumar, IPS dated 14.08.2019 with respect to the submissions made by learned counsel for the petitioner qua the unlikelihood of the police officials being present at the place where the petitioner was allegedly apprehended by them.
He has submitted that in compliance of the order dated 29.04.
the learned counsel for the petitioner, was nabbed from his residence at village Badla, the police officials were nowhere in the near vicinity nor were they present in the village of the accused. It has been submitted by the learned State counsel that keeping in view the criminal antecedents of the petitioner, who is involved in a number of cases under the NDPS Act, which fact has also been noticed by the Coordinate Bench, his prayer for regular bail be declined as the menace of drugs has spread like termites in the State of Punjab. Furthermore, it has been submitted that the trial is nearing conclusion as 14 out of the 19 prosecution witnesses stand examined. Learned State counsel has also brought to the notice of this Court that co-accused Palwinderjit Singh, who was apprehended along with the petitioner and had also been granted interim bail by the Coordinate Bench, had absconded and declared a proclaimed offender.
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In the facts and circumstances as enumerated hereinabove, particularly keeping in view the criminal antecedents of the petitioner and also the huge recovery effected from the petitioner, no ground is made out for extension of interim bail to the petitioner. The instant petition is dismissed.
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The petitioner shall surrender forthwith before the jail
where he was lodged prior to being extended the concession of interim bail on 27.04.2019, on or before 15.01.2024 by 01:00 P.M.
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