AMRITPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is seeking regular bail in case FIR No.85 dated 07.09.2019 under Section 21/25/29 of NDPS Act registered at Police Station Special Task Force, STF Wing, Border Range, Amritsar.

(2.) As per allegations in the FIR, which has been registered on the basis of secret information received by local rank ASI Karamjit Singh. Secret information was that petitioner along with one Gurpavittar Singh @ Sai and Kulbir Singh are dealing in smuggling of heroine and if raid is conducted, they can be caught red handed. Accordingly, raid was conducted. On seeing the police party, two persons who were riding/sitting on their respective motorcycles, tried to escape. One of them escaped. However, the other one was caught by the police, who disclosed his name as Kulbir Singh @ Soni. DSP Sikander Singh, being Gazetted Officer, was also joined in the proceedings. Rajinder Singh was also joined as independent witness from public. In their presence, personal search of Kulbir Singh was conducted and from the right hand pocket of his trouser, 150 gms of heroin was recovered. Kulbir Singh disclosed them that the said heroin was given to him and Amritpal Singh (petitioner herein) for the purpose of sale by Gurpavittar Singh @ Sai from the store room made in his house. On the disclosure statement of Kulbir Singh, the petitioner herein was arrested.

(3.) Learned counsel for the petitioner contends that petitioner has been falsely implicated in the case as neither he was arrested at the spot nor anything was recovered from him. He is in custody since 19.12.2019.