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2013 DIGILAW 135 (PNJ)

Joginder Singh @Dabu v. State of Punjab

2013-02-06

RAM CHAND GUPTA

body2013
JUDGMENT Mr. Ram Chand Gupta, J. (Oral) - This order will dispose of all the aforementioned petitions filed for regular bail under Section 439 of Code of Criminal Procedure in FIR no. 65 dated 22.06.2012, under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at police station Kotwali, Kapurthala. 2. I have heard learned counsel for the parties and have gone through the whole record including the impugned orders passed by learned Judge, Special Court, Kapurthala dismissing bail applications filed on behalf of the petitioners. 3. It has been contended by learned counsel for petitioner-accused, Joginder Singh @Dabu that alleged recovery effected from him is 1.5 Kg. of opium, which is non-commercial and that he has been continuing in custody since 22.06.2012. It is further contended that though investigation completed and challan filed and however, trial is not likely to be concluded in near future. It is further submitted that he is not involved in any other case. 4. It has been contended by learned counsel for petitioner-accused, Surinder Singh @Shinda that alleged recovery from him is only 50 grams of opium, which is non-commercial and that he has been continuing in custody since 22.06.2012. It is further contended that he is not involved in any other case. 5. It has been contended by learned counsel for petitioner-accused, Bachitar Singh @Sikandar Singh that alleged recovery from him is only 550 grams of opium, which is non-commercial. It is further contended that he has been continuing in custody since 22.06.2012 and that he is also not involved in any other case. 6. This factual position has not been disputed by learned counsel for the State. 7. There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. 8. Hence, keeping in view these facts and without expressing any opinion on merits, the instant applications for regular bail filed on behalf of Joginder Singh @Dabu, Surinder Singh @Shinda and Bachitar Singh @Sikandar Singh are allowed. 9. Bail to the satisfaction of learned trial court/Duty Magistrate, Kapurthala.