Jaidev Singh vs The State of Punjab

Alok Singh, J.—Present petition is filed seeking regular bail in case FIR No. 13 dated 6.2.2011 under Sections 20, 25, 61/85 of NDPS Act, Police Station Raman, District Bathinda.

Learned Counsel for the Petitioner states that other co-accused have hired the car of the Petitioner to go to refinery situated at Raman, District Bathinda from Panipat. Learned Counsel further states that Petitioner was not aware as to whether passengers (co-accused) were carrying any contraband with them and he has bona fidely allowed them to hire the car to go to refinery situated at Raman, District Bathinda from Panipat. Learned Counsel further states that no contraband was recovered from the person/possession/custody of the Petitioner, rather, recovery, if any, is from the passengers (co-accused).

Ms. Bhavna Gupta, DAG, Punjab, on instructions from ASI Bhalla Singh, who is personally present in Court, has vehemently argued that there is no evidence available on record to show that Petitioner has allowed other accused to hire his car to go to Bathinda from Panipat. She has further argued that at this stage it cannot be said that Petitioner was running his car as taxi.

Undisputedly, other co-accused are from Bihar and West Bengal while Petitioner is resident of Panipat. Petitioner is not suggested having any relation with other co-accused native of far far away places. Case set up by the learned Counsel for the Petitioner seems to be more probable at this stage.

Without expressing any opinion on the merits of the case, petition is allowed. Let Petitioner be released on bail to the satisfaction of the learned Trial Court.