PARMINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 482 of the Code of Criminal Procedure for quashing FIR No. 57 dated 4.9.2002 (Annexure P-1), under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Staton Bhadaur Police District Barnala District Sangrur along with order dated 11.11.2005 (Annexure P-4), whereby the petitioner was declared a proclaimed offender and all the subsequent proceedings.

(2.) THE contents of the FIR (Annexure P-1) read as under:- Today I, SI along with HC Nachhatarpal No.423, Constable Balwinder No.721 Constable (illegible) Lal No.96, SPO Sher Singh No.1600 were going from police village Mahal to village Chhirhi Wal on private vehicle in connection with patrolling, when hardly the police party after travelling about one kilometer from village Mahal were standing near the turning point after parking the vehicle, then at about 8.30 a.m.one unknown person was seen coming on scooter from village Chhirhi Wal towards village Mahal and Bhag Singh son of Major Singh, Jat, resident of village Mahal, came to us with whom we were talking and on reaching near, I SI gave the signal with hand for the rider for stopping the schooter and he was over powered with the help of the companions and his name and address was inquired and who on asking disclosed his name as Parmindedr Singh son of Chhinder Singh Caste Jat, resident of Chananwal, Police Station Sadar, Jagraon to whom I, SI asked that there seems to be some illegal things in the front dickey of your scooter Bajaj Chetak No.PB-19-9291 and I want to search the same. Do you want to get the same searched from me or in the presence of some Gazetted Officer or Magistrate on which he replied that he has full faith in me, you can make search of the plastic bag lying in scooter. On this, consent memo of Parminder Singh was recorded. THE statement was got attested by Parminder Singh and witness Bhag Singh and Head Constable Nachhattar Pal No.429. THEn I, SI searched the bag after taking the same from the scooter of Parminder Singh, intoxicating pills were recovered from one plastic box from the plastic bag. Out of these 50/50 pills were taken as sample and after putting the same in the small plastic boxes and the remaining tablets on counting came to 2900. THE recovered tablets were put in the same box in the same plastic bag, and two parcels were prepared, and were sealed with my seal bearing impression GS. Sample of seal was prepared separately. Both the parcels, sample and bag parcel of intoxicating tablets and scooter were taken into police possession after preparing the memo and the same was attested. THE seal after use was handed over to Head Constable Nachhattar Pal No.429. ON making search of Parminder Singh, currency notes of Rs.50/- were recovered from the front left pocket of the shirt worn by him, which were taken into police possession according to law. THE memo was got attested by accused and the witnesses. Above said Parminder Singh by keeping in his possession 3000 pills of intoxicating substances without holding a valid license/permit , has committed an offence under Section 22 of NDPS Act. A ruqa is being sent to the police station Bhadaur through constable (illegible) No.96 for the registration of the case against the above said Parminder Singh.

(3.) THE FIR in this case was registered way back in the year 2002. THEre are allegations against the petitioner that intoxicating pills had been recovered from his possession. THE petitioner thereafter left for a foreign country and was declared a proclaimed offender vide order dated 11.11.2005. THEre is no averment in the petition as to when the petitioner had gone abroad. It appears that after registration of the FIR, the petitioner in order to avoid the criminal liability fled away to a foreign country. THE petitioner had initially filed CRM-M No.52617 of 2002 seeking quashing of the FIR but had not prosecuted the same and following order was passed by this Court in the said petition on 11.7.2008:- THE present petition under Section 482 of the Code of Criminal Procedure seeking quashing of Annexure P-4 FIR No. 57 dated 4.9.2002, registered at Police Staton Bhadaur Police District Barnala District Sangrur under Sections 22/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Notice was issued by this Court on 13.1.2003. No stay was granted. By now the trial may have concluded or may have made considerable progress. Nobody is present on behalf of the petitioner. THE present petition is disposed of with liberty to the petitioner that in case trial has not concluded, he will be at liberty to file a fresh petition stating therein the particulars regarding the outcome and progress of the trial.