Kulwinder Singh @ Bali vs State Of Punjab

Deepak Gupta, J

Although this petition was filed challenging the order dated 23.08.2023 passed by learned Special Court, Kapurthala, whereby the application for bail under Section 167 (2) of Cr.P.C has been disallowed, but at the oral request of the learned counsel for the petitioner, the present petition is being converted for regular bail under Section 439 Cr.P.C.

It is contended by learned counsel for the petitioner that 2.5 kg. of opium, which falls in the non-commercial category, was recovered from a car occupied by Ramji @ Rama, Kulwinder Singh @ Bali (petitioner), Balvir Singh @ Bawa and Balwinder Singh. Learned counsel further contends that petitioner has been falsely implicated and he has nothing to do with the recovered contraband. Learned counsel further contends that petitioner is in custody for the last more than 05 months. So he may be allowed bail.

Learned State counsel does not dispute the fact that the recovered quantity of contraband falls in the non-commercial category. However, it is submitted that the petitioner is also involved in three more cases i.e. one case under Excise Act and two cases under NDPS Act.

Heard.

Considering the fact that the recovered quantity of contraband falls in the non-commercial category and that petitioner is in custody for the last more than 05 months as informed by learned State counsel, but without commenting anything on the merits of the case, the petitioner is admitted to bail. He is ordered to be released on bail on his furnishing requisite bail bonds and surety bonds to the satisfaction of learned Trial Court/Duty Magistrate concerned.

Allowed.