Punjab-Haryana High Court
Kuldeep Singh Alias Keepa vs State Of Punjab on 29 October, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
In The High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-43276-2024 (O&M)
Date of Decision:- 29.10.2024
Kuldeep Singh Alias Keepa ... Petitioner
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Rajdeep Singh Gill, Advocate, for the petitioner.
Mr. Japjot Singh, AAG, Punjab.
*****
FIR DATE POLICE STATION OFFENCES
NO.
207 25.10.2023 City Rampura, District 22-C, 25 and 29 of NDPS Act
Bathinda
GURVINDER SINGH GILL, J. (Oral)
1. The instant petition has been filed on behalf of the petitioner seeking
grant of regular bail in respect of aforementioned FIR.
2. The case of the prosecution, in nutshell, is that on 25.10.2023 during
the course of checking the police came across a clean-shaven young
man who was present near village Mehraj who was having something
in a transperent polythene bag kept on the seat of Hero Honda
motorcycle. It is alleged that strips of intoxicant tablets were visible
Punjab and Haryana High Court,
CRM-M-43276-2024 (O&M) -2-
through the said polythene bag. The said person was nabbed by the
police who upon inquiry disclosed his name as Kuldeep Singh @
Keepa and search of bag led to recovery of 3000 tablets of 'Tramadol
Hydrochloride'.
3. Learned counsel for the petitioner submits that he has falsely been
implicated in the present case and that story of the prosecution cannot
be believed inasmuch as no person indulging in any offence under
NDPS Act would carry the contraband in a transparent polythene bag
making himself a sitting duck as regards detection of offence.
Learned counsel in order to hammer forth his aforesaid submissions
places reliance upon judgments passed by this Court in CRM-M-811-
2014 titled Iqbal Singh Vs. State of Punjab, decided on 10.2.2014; in
CRM-M-52950-2021 titled Iqbal Singh Vs. State of Punjab, decided
on 9.3.2022 and in CRM-M-18084-2023 titled Makhan Vs. State of
Punjab, decided on 4.10.2023.
4. On the other hand, learned State counsel opposed the petition and
submitted that since the petitioner is specifically named in the FIR
and was caught red handed, his complicity is clearly evident. It has
however, been informed that the petitioner as on date has been behind
bars since the last about one year and otherwise enjoys a clean record.
It has also been informed that only 1 out of cited 14 PWs has been
examined.
Punjab and Haryana High Court,
CRM-M-43276-2024 (O&M) -3-
5. This Court has considered rival submissions addressed before this
Court.
6. While it is correct that the petitioner was caught red-handed while in
possession of 3000 intoxicant tablets, but the factum of accused
carrying contraband in a transparent polythene bag raises some kind
of suspicion inasmuch as no prudent person would commit offences
in such a manner that he can easily be caught. The petitioner, in any
case, has been behind bars for a substantial period of about 1 year and
is having a clean record in view of ratio of the aforesaid judgments,
the instant petition merits acceptance and is hereby accepted and the
petitioner is ordered to be released on regular bail on his furnishing
bail bonds/surety bonds to the satisfaction of learned trial Court/Chief
Judicial Magistrate/Duty Magistrate concerned.
29.10.2024 ( GURVINDER SINGH GILL)
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
Punjab and Haryana High Court,
