AMRIK SINGH Vs. NARCOTIC CENTRAL BUREAU

JUDGEMENT

(1.) A criminal complaint under Sections 21, 22, 23 of the N.D.P.S. Act has been lodged against the petitioner Amrik Singh before the Special Court wherein the following allegations are found :-

(2.) ON 12.6.98, information was received from the Narcotic Control Bureau, New Delhi in the office of the Narcotic Control Bureau, Chandigarh based on the report of the information of the Intelligence Bureau regarding the activities of a gang of narcotic drug traffickers operating in village Majari, Bilaspur (H.P.). The matter was further investigated, and thereafter upon specific information from reliable sources that on 19.7.98 between 7 p.m. and 11 p.m., the petitioner-accused has fixed a delivery on the main road from Dhar to Anandpur Saheb. On this information, on 19.7.98, Sarabjit Singh, Director of Narcotic Control Bureau, Chandigarh and other officers of the Narcotic Control Bureau, Chandigarh and certain police officials put up a barricade outside village Surewal at about 8.45 p.m. Two scooters, upon which there were four riders, came. The petitioner-accused and another were there, and a small sack was in between them, which they were carrying while coming from Dhar to Anandpur Saheb. The Investigating Officer-O.P. Bhat and Sepoy- Paramjit Singh identified the petitioner-accused and asked him to stop, but they diverted their scooter towards Surewal village. Raiding party followed these persons. On seeing the raiding party, they threw the sack on the Surewal Link Road and the Investigating Officer-R.P. Singh took possession of the sack while the rest followed the petitioner-accused and his accomplices. Since it was dark, they left the scooter in the village and disappeared. Despite best efforts, they could not be apprehended at the spot.

(3.) THE petitioner moved Crl. Misc. 28057-M of 1998 on the file of this Court under Section 438 Cr.P.C. for bail in anticipation of arrest. State of Punjab, S.H.O. Anandpur Saheb and Narcotic Control Bureau were the respondents therein. Since the Narcotic Control Bureau stated that no case has been registered against the petitioner, the said petition was disposed of 26.11.98 directing that as and when a criminal case is registered against the petitioner and arrest is sought to be made, the Officer of the Police Station and the concerned officer intending to arrest him, shall issue at least 10 days' notice to enable the petitioner to approach the Court for seeking appropriate relief. Thereafter, the Narcotic Control Bureau filed an application for recalling the above said order dated 26.11.98, and this Court by order dated 18.1.99 dismissed the said application. Then the petitioner filed another application under Section 438 Cr.P.C. for bail in anticipation of arrest, and the Special Court dismissed the said application on 26.4.99. The petitioner moved this Court for the very same relief in Crl. M. 13831-M of 1998 and this Court by its order dated 12.5.99 directed the petitioner to appear before the Special Judge for seeking regular bail on or before 26.5.99 and till then the service of non-bailable warrants issued by the Special Judge was stayed. The petitioner moved the Special Court. Ropar for bail under Section 439 Cr.P.C. on 15.5.999, and the said Court by its order dated 17.5.99 dismissed the said application. That is why the petitioner has approached this Court under Section 439 Cr.P.C. for bail.