RAJPAL @ RAJU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks grant of regular bail in case registered vide FIR No.204 dated 28.11.2018 under Sections 22, 25, 29 of NDPS Act, 1985 registered at Police Station, Majitha, District Amritsar.

(2.) The FIR was registered on the basis of a 'ruqa' sent by ASI Hardev Singh to the effect that on 28.11.2018 when he along with other members of the police party was patrolling in the area of Memorial Gate, Amritsar Road, Majitha, then a secret informer furnished information to the effect that Rajpal @ Raju, Luv @ Sahil, Deepak Sharma and Narinder Pal have opened medical stores under the name and style of Devgan Medical Store and Luv Medical Store at Majitha and under the cover of the said medical stores they were selling intoxicating medicines. The information was further to the effect that on the said day Rajpal (petitioner) and Luv had gone to Amritsar on their white coloured Activa scooter bearing registration No. PB-02-CU-5672 for purchasing intoxicating medicines and were now on their way back from Amritsar. Pursuant to receipt of aforesaid information barricading was raised and two persons riding a scooter bearing registration no. PB-02-CU-5672 were seen approaching. However, the driver of the said scooter, upon noticing the police party tried to turn back but in the process the scooter fell down. While the pillion rider managed to escape but the driver was nabbed by the police who disclosed his name as Rajpal @ Raju (petitioner). Upon search of the scooter, 1000 tablets of TRAMADOL were recovered, the possession of which could not be justified by the petitioner.

(3.) The learned counsel for the petitioner, while pressing for grant of bail has broadly made the following three submissions :