Judgment:
Criminal Misc.
No.M-13304 of 2014 [1].IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.
No.M-13304 of 2014 Date of Decision: June 18, 2014 Tara Singh @ Dara Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE Mr.JUSTICE NARESH KUMAR SANGHI Present: Mr.K.B.Raheja, Advocate, for the petitioner.
Ms.Deipa Singh, Addl.AG, Punjab.
Naresh Kumar Sanghi, J.
Prayer in this petition is for grant of regular bail to the petitioner Tara Singh @ Dara Singh who has been booked for having committed the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in a case arising out of FIR No.206, dated 26.08.2013, registered at Police Station, City Rajpura, District Patiala.
Learned counsel for the petitioner contends that the petitioner is 100% disabled person; he was not able to sit as pillion on the two-wheeler and as such the story propounded by the prosecution that the petitioner while sitting on a two-wheeler as pillion was carrying 4kg of opium; and one attendant has been provided to the petitioner in the jail to complete his daily pursuits.
Learned counsel for the State, on instructions from ASI Malvinder Singh, Police Station, City Rajpura, District Patiala, submits that the petitioner had old spinal injury and for performing his daily pursuits, one attendant has been provided to him in the Sharma Seema 2014.06.18 13:33 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.
No.M-13304 of 2014 [2].jail, however, she has opposed the grant of bail to the petitioner on the ground that non-commercial quantity of 4kg opium was recovered from the petitioner and his co-accused which is a serious matter but she was unable to make submissions with regard to the involvement of the petitioner in any other case.
During submissions, learned counsel for the petitioner very fairly conceded that the petitioner was involved in yet another case but be is on bail in the said case.
After hearing the learned counsel for the parties, this Court is of the firm opinion that in view of the recovery of non- commercial quantity of 4 kg of opium, no ground for grant of bail to the petitioner is made out.
Concededly, adequate arrangements have been made in the jail for normal stay of the petitioner.
Dismissed.
June 18, 2014 (Naresh Kumar Sanghi) seema Judge Sharma Seema 2014.06.18 13:33 I attest to the accuracy and integrity of this document Chandigarh