The petitioner sought regular bail under Section 439 Cr.P.C. in an NDPS prosecution for possession of 7 kgs of heroin discovered from his accomplices. The High Court rejected the bail plea, observing that the petitioner is a habitual offender with multiple prior convictions.
Application for regular bail under Section 439 Cr.P.C. dismissed.
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CRM-M-1370 of 2019
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-1370 of 2019
Date of Decision: 22.05.2019
Taranjot Singh @ Tanna
...Petitioner
Versus
State of Punjab
....Respondent
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present:Mr. A.P.S. Rehan, Advocate, for the petitioner. Mr. Hittan Nehra, Addl. A.G., Punjab.
RAMENDRA JAIN, J. (ORAL)
Through instant petition under Section 439 Cr.P.C. prayer has been made for grant of regular bail to the petitioner in a case arising from FIR No.09 dated 16.04.2018 registered under Sections 21, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station State Special Operations Cell Amritsar, District Amritsar.
According to the prosecution, on 16.04.2018, accomplice of the petitioner, namely, Ranjit Singh and Gursewak Singh were apprehended with conscious possession of 7 kgs of heroin without any permit or licence. During investigation, they disclosed name of the petitioner as one of their co-accused.
Learned counsel for the petitioner inter alia contends that at the time of alleged recovery, petitioner was already in jail, completing his sentence in some other case. He has falsely been implicated in the instant case on the basis of disclosure statement of his co-accused, which very
RAVINDER SINGH 2019.05.29 11:59 I attest to the accuracy and integrity of this document
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CRM-M-1370 of 2019
weak type of evidence. Therefore, no recovery was effected from the petitioner. Out of total 13 criminal cases of heinous nature, petitioner has already been acquitted in three cases; in five cases petitioner is under trial and except present case he is on bail in all other cases whatsoever.
On the other hand, learned State counsel vehemently opposing above submissions of learned counsel for the petitioner, contends that petitioner has been convicted in five cases, out of which two are under the NDPS Act, one is under Section 302 IPC (murder) and two are under the Arms Act and robbery. Petitioner is an habitual offender. Value of the contraband i.e. 7 kgs of heroin recovery from the accomplice of the petitioner in the international market is around `35.00 crores.
Heard.
Considering the rival submission submissions and the fact that petitioner is a habitual offender, this Court is not inclined to grant him concession of regular bail.
Dismissed.
(RAMENDRA JAIN) May 22, 2019 JUDGE R.S.
Whether speaking/reasoned Yes/No Whether Reportable Yes/No
RAVINDER SINGH 2019.05.29 11:59 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether regular bail should be granted to the petitioner who is a habitual offender charged with possession of heroin under the NDPS Act.
Whether the petitioner's history of convictions and the high value of contraband recovered from accomplices warrants denying bail.
2 provisions across 2 enactments
Taranjot Singh @ Tanna
State of Punjab
Ramendra Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
