AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through instant petition under Section 439 Cr.P.C. prayer has been made for grant of regular bail to petitioner in a case arising from FIR No.06 dated 23.03.2015, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, 307 I PC, 25 of the Arms Act and 14-F Act, at Police Station State Special Operation Cell, Amritsar.

(2.) In compliance of order dated 11.12.2019, photocopy of receipt for deposit of costs by SHO of Police Station, State Special Operation Cell, Amritsar, duly attested by ASI Gurinder Pal has been produced. Same is taken on record. Be tagged at appropriate place.

(3.) According to prosecution, in the early morning of 23.03.2015, on noticing some movement of 4-5 persons on Indian Border towards Pakistan, Border Security Force challenged and ordered them to surrender. The smugglers from Pakistan side by counter firing, managed to escape towards Pakistan. Simultaneously, smugglers from Indian side also fired and succeeded in fleeing away. In search operation, a plastic pipe 12 feetlong and 4 inch wide was found entangled in the fence, besides 18 packets containing heroin, weighing 17.828 kgs, one pistol .30 bore, bearing mark, make 'China' and 10 live cartridges were recovered on Indian side of the border. The same were taken into possession after preparing samples, sealing the contraband and conducting necessary formalities. On 13.11.2018, the petitioner was arrested on the basis of suspicion. On his interrogation, he made a disclosure statement before the investigating officer, admitting his complicity in the aforesaid crime.