Grant of bail based on prolonged custody and slow trial progress

JUDGMENT

Alka Sarin, J.: - Heard through video conferencing.

2. This is the third petition under Section 439 CrPC for grant of regular bail to the petitioner in FIR No.197 dated 06.10.2019 under Sections 21 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Sidwan Bet, District Ludhiana (Rural). The first petition for grant of regular bail (CRM-M-8833-2020) was dismissed as withdrawn vide order dated 27.11.2020 while the second petition for grant of regular bail (CRM- M-7869-2021) was dismissed as withdrawn vide order dated 28.04.2021.

3. As per the allegations, on 06.10.2019 a police party was present and patrolling at Chowk Tihara when secret information was received that one Amandeep Kaur @ Sabbi, who is habitual of selling heroin, is coming on a scooter and if a Naka is laid then heroin can be recovered from her possession.

4. Ruqa was sent to the Police Station for registration of a FIR and to send an Investigating Officer at the spot. The Nakabandi was laid and after sometime Amandeep Kaur @ Sabbi was stopped and the dicky of the scooter was searched from where 55 gms of heroin in an envelope was recovered. During interrogation of Amandeep Kaur @ Sibba she gave disclosure statement that the petitioner had delivered the heroin to her at her house and that the petitioner had come in car no.PB-09-AA-3383. She further stated that the petitioner was selling heroin and intoxicant tablets and that the petitioner had gone to Himachal Pradesh for purchasing heroin and had promised to give her more heroin at about 6.00 pm at the Toll Plaza near Village Kamalke, District Moga. Statement of Amandeep Kaur @ Sabbi under Section 27 of the Evidence Act, 1872 was recorded and on this statement the petitioner was nominated as an accused.

5. Thereafter, the police party alongwith Amandeep Kaur @ Sibba reached near the Toll Plaza near Village Kamalke, District Moga. After some time a car with no.PB-09-AA-3383 was seen coming and Amandeep Kaur @ Sibba signalled towards the driver and told the police that the driver was the petitioner who who used to supply her heroin. Amandeep Kaur @ Sibba identified the petitioner.

6. The car was stopped and the petitioner was apprehended. The petitioner was informed about his legal right of getting the car searched in the presence of a Gazetted Officer or Magistrate but the petitioner agreed to be searched by the Police. A consent memo was prepared and on search 1140 loose tablets were recovered from the dashboard of the car. The sample of the contraband recovered from Amandeep Kaur @ Sibba and 1140 loose tablets recovered from the petitioner were deposited with the Regional Testing FSL Punjab Ludhiana on 15.11.2019. As per the FSL Report, the salt contained in the tablets was Alprazolam and the recovery of tablets from the petitioner fell within the ambit of commercial recovery.

7. Learned counsel for the petitioner has contended that the petitioner has been falsely implicated and a false recovery has been fastened from him. It is contended that the petitioner is not named in the FIR and he has been implicated only on the basis of the disclosure statement of Amandeep Kaur @ Sibba.

8. Learned counsel has further contended that no independent witness was present at the time of the alleged recovery and Section 50 of the NDPS Act has been violated. The search of the car was not conducted in the presence of a Magistrate. It is further the contention that the petitioner has been in custody since 06.10.2019. Learned counsel for the petitioner has also submitted that the trial is proceeding at a very slow pace and none of the witnesses have been examined till now. Lastly, it was submitted that the co-accused Amandeep Kaur @ Sibba has been granted bail by the Sessions Court.

9. Status report by way of affidavit of Sh. Daljit Singh Virk, PPS, Deputy Superintendent of Police, Jagraon, District Ludhiana (Rural) has been filed wherein it has been stated that the search of the car by