GURDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These two petitions are disposed of by this common order since both of them arise from the same F.I.R No. 39 dated 27-5-1999 registered at Police Station, Bhtkhi under the N.D.P.S. Act wherein the following allegations are found.

(2.) On the date of occurrence, at about 5 a.m. the police party saw peter rehra (a cart) driven by a person (whose name was found later on as Dalip Singh), and three persons (whose names were found out to be Gurjant Singh- Petitioner in Cr. M. 23676-M/99. Baljinder Singh and Gurdeep Singh-Petitioners in Cr. M. 27049/M/99) were sitting behind. The A.S.I. stated to them that there was narcotic substance in the petar rehra, that the same was to be searched and that they have a right to have the search conducted before a Magistrate or a Gazetted Officer. The above said persons consented turn wise that they are ready to have the search conducted before some Gazetted Officer. The memo of consent was prepared separately. On information, Amarjit Singh, D.S.P. came at 6.15 a.m. and he also identified himself on which they consented to be searched before him. On a search, 3 bags of poppy husk were found underneath the palli spread in petar rehra. The petitioners bail applications were dismissed by the learned Additional Sessions Judge, Mansa and therefore they have approached this Court under Section 439 Cr. P.C. for bail.

(3.) I have heard the counsel for both the sides and perused the records on file.