Didar Singh @ DARA vs State Of Punjab

RAJ MOHAN SINGH, J. (ORAL)

Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.103 dated 10.05.2017, registered under Sections 18/61/85 of

the NDPS Act at Police Station Sultanwind, District Amritsar District Amritsar.

As per prosecution story, he was pillion rider on the scooter being driven by his son and on seeing the police party, the driver became perplexed and

the petitioner succeeded in fleeing away from the spot. Opium weighing 4 kg and 500 grams was recovered from the son of the petitioner. Identity of

the petitioner came to be known only during the interrogation of son of the petitioner whose statement revealed that his father was previously

convicted by the Courts of Sessions, Amritsar and he was sentenced to undergo rigorous imprisonment for 10 years in the case of NDPS Act. The

co-accused did not tell the police anything about the filing of CRA No. 906-DB of 2006 in which petitioner was acquitted by the High Court. Even

otherwise statement of co-accused in police custody would be hit by Section 25 of the Evidence Act. Moreover as per the instructions given by ASI

Nirmal Singh accused-petitioner is not required in any other case. As per the custody certificate submitted by learned State counsel the petitioner is in

custody since 30.10.2017.

After hearing learned counsel for the parties, at this stage without adverting anything on merits of the case, it can be seen that the complicity of the

petitioner in relation to the offence in question would remain debatable, therefore, I deem it appropriate to enlarge the petitioner on regular bail, who is

in custody since 30.10.2017.

In view of above, petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing adequate bail bonds/surety bonds to the

satisfaction of the Chief Judicial Magistrate, Amritsar.

Nothing expressed hereinabove would be construed to be an expression of any opinion on merits of the case.