MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCORDING to the prosecution, on 14.12.1999 the applicant was apprehended in the area of Ghugrana having in possession 5 bags of poppy husk each weighing 35 kilograms. These bags were recovered from the petitioner in the presence of Bant Singh, ASI, Rajinder Singh and Vijay Kumar, DSP. Petitioner was apprehended on the basis of secret information to the effect that he was selling poppy husk in his field near the back side gate of his house. This information was received in the evening. Bant Singh son of Inder Singh is alleged to have been joined as an independent witness. A perusal of the FIR prima facie shows that there is violation of Section 42 as also Section 50 of the Narcotic Drugs and Psychotropic Substances Act. The secret information although reduced to writing was not sent to the Superior Officer. It was sent only to the Police Station. It is also not disputed that the first informant has also continued with the investigation. Therefore, prima facie, the matter seems to be covered by the judgment of this Court in Risala v. State of Punjab, 1996(2) RCR 707.

(2.) IN order to satisfy myself with regard to Section 37 of the NDPS Act, the Investigating Officer was required to disclose any information which would tend to show that the petitioner has been involved in any case under the NDPS Act earlier also. The Investigating Officer has stated that the petitioner is not involved in any other case under the NDPS Act earlier. Apart from this, it is also not disputed that the petitioner is a renowned wrestler. He has been duly recognised as such by Rajasthan Government. He has also been working as a regular coach and has opened a Wrestling School at his village. One of his disciples namely Jagdish Singh is stated to be the recipient of the Arjuna award. Furthermore, it has been stated that the petitioner has been falsely implicated in this case as his wife was successful in defeating the candidate which was being supported by Jagjit Singh Ghugrana, Chairman of Punjab Agro Industries Corporation in the election for Sarpanch. It also needs to be noticed that the FIR is registered on 14.12.1999. The election to the local Co-operative Society was to be held on 29.12.1999. In this election, the brother of the petitioner-Bhagwan Singh was a proposed candidate. He was also a sitting President of the Cooperative Society. This FIR was foisted on the petitioner to pressurise his brother not to contest the election. These are matters, however, which cannot be commented upon at this stage, but they are sufficient to indicate that the petitioner is well established in society and is a law-abiding citizen. He is not likely to misuse the concession of bail, if granted to him.