KAMALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner seeks regular bail in a case registered against him on 16.11.2007 for the offence under Section 15 of the NDPS Act.

(3.) The FIR in the case has been registered on the basis of memo sent by Bawa Singh, ASI who along with other police officials was present at bus stand Landran in a Government vehicle driven by Constable Harminder Singh. A special information was received that Bikram Singh @ Rinku (non-petitioner) along with an unnamed companion were coming in a 'Scorpio' car from Banur side and going towards Landran. If a check post was set up, poppyhusk could be recovered. The information was found reliable and Bikram Singh @ Rinku (non-petitioner) and his friend had committed an offence under Section 15 of the NDPS Act for which a memo was sent through Constable Jasbir Singh for registration of FIR under Section 15 of the NDPS Act. Joginder Singh, DSP Kharar arrived at the check post and a 'Scorpio' vehicle which was seen coming was signalled to stop at Puli Majra. Three persons got down from the Scorpio vehicle who ran away from the spot. On checking the vehicle, five bags were found and each bag contained 20 polythene packets. On opening the same, poppyhusk was found in the polythene packets. From each of the bag, 2 samples of 250 gms each were separated and remaining poppyhusk weighed 39.5 kgs in each bag. In this manner, 200 kgs of poppyhusk was recovered.