Advocates:
Advocate Appeared:
For the Appellant :Mr. S.S. Dhillon, Advocate
For the Respondent: Mr. Akshay Kumar, AAG, Punjab

JUDGMENT :

Kuldeep Tiwari. J.

Through the instant petition, the petitioner craves for indulgence of this Court for his being enlarged on regular bail, in case FIR No.2 dated 03.01.2024, under Sections 21-B/61/85 of the NDPS Act, and under Sections 25/54/59 of the Arms Act, registered at Police Station Bariwala, District Sri Muktsar Sahib. 

ALLEGATIONS AGAINST THE PETITIONER

2. The brief facts of the case, which are culled out by the Additional Sessions Judge, Sri Muktsar Sahib while declining the regular bail application of the present petitioner, reads as under:-

It is observed that instant FIR resulted against applicant Amanpreet Singh alias Amna Baba on the allegations that on 03.01.2024, investigating officer along-with police party, was on routine patrol duty and checking of miscreants and when police party was present on Kotkapura-Muktsar Road, then one white colour 120 car bearing registration No.PB30-Z-4781 was parked, wherein two young boys were moving hand in one 'plastic lifafa', who on seeing the police party got perplexed and threw the said 'plastic lifafa' near the gear liver, but they were apprehended with the help of police officials, who upon inquiry, disclosed their names as Hardeep Sigh alias Deepa and the person sitting on the conductor seat disclosed his name as Maninder Sigh alias Mani. On search of the said 'plastic lifafa' contraband was recovered. Upon these allegations, FIR was lodged against the accused. However, vide Rapat No. 40 dated 05.01.2024, applicant along-with Ranbir Singh and Lovy was nominated upon the disclosure statement suffered by co-accused Hardeep Singh.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PETITIONER

3. The learned counsel for the petitioner, in his asking for the hereinabove extracted relief, has made the following submissions:-

(i) This Court vide order dated 14.03.2024, in CRM-M-13028-2024, had already granted the relief of interim bail to the co-accused Lovepreet Singh, who is on similar footing, with that of the present petitioner;

(ii) The only evidence against the present petitioner (that too not admissible) is the disclosure statement of the co-accused;

(iii) Though the petitioner is stated to be involved in 06 other cases, but out of those 06 cases, in 05 cases he has earned acquittal;

(iv) The alleged recovery which is effected from the present petitioner falls within the ambit of non-commercial quantity.

(v) Petitioner has suffered incarceration of more than 03 months, as on today.

(vi) Out of the total 24 prosecution witnesses cited in the final report, none has been examined so far.

SUBMISSIONS OF THE LEARNED STATE COUNSEL

4. Per contra, the learned State counsel, who is in receipt of advance notice, has placed on record the custody certificate of the petitioner, as issued by the Superintendent of District Jail Muktsar. The same is taken on record. A perusal of the custody certificate reveals that the petitioner has suffered incarceration of 03 months and 22 days, as on today. A perusal of the custody certificate further reveals that the petitioner is stated to be involved in 06 other cases, but out of those 06 cases, in 05 cases he has earned acquittal. Learned State counsel on instructions, imparted to him by ASI Rajbir Singh, submits that after conclusion of the investigation the charges were framed on 02.04.2024. Learned State counsel further submits that out of the total 24 prosecution witnesses cited in the final report, none has been examined so far.

ANALYSIS

5. Before embarking upon the process of evaluating the arguments addressed by the learned counsels for the parties and penning down any opinion upon the instant petition, it is deemed imperative to capture an overview of some significant legal propositions.

6. "Bail is the Rule and Jail is an Exception This basic principle of criminal jurisprudence was laid down by the Hon'ble Supreme Court, way back in 1978, in its landmark judgment titled "State of Rajasthan V. Balchand alias Baliay", 1977 AIR 2447,1978 SCR (1) 535. This