GURMIT SINGH @ MITA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD . The prosecution case, in brief is that on 24.1.2001, SI Gurbaz Singh, Incharge, CIA Staff, Samana was present at bus stand Fatehhpur in connection with the checking of anti-social elements on account of the Republic Day. It was 4.30 a.m. At that time, SI Gurmel Singh, HC Jagrup Singh, HC Ranjit Singh etc. were with him. He received secret information that Gurmit Singh alias Mita son of Gurbachan Singh resident of village Kakhanwali, Devinder Singh alias Kaka son of Kashmir Singh resident of Kandu Khera, Mahavir son of Kishan Jat resident of Abub Shahir, Munish Singh alias Munna son of Mahavir resident of Mazari, Balraj Singh son of Nazar Singh resident of Mehna, Jagmail Singh alias Bhattu son of Nazar Singh resident of Khiowali were dealing in the sale of poppy husk with the use of cars in the area of village Bijalpur and Hunewala and if a naka was laid, they could be apprehended while carrying poppy husk in cars in these villages and poppy husk could be recovered in huge quantity from them. On the receipt of this information, case FIR No. 54 dated 24.1.2001 was registered at PS Samana under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) DURING the course of nakabandi, SI Gurbaz Singh intercepted Matiz car in which 3 persons were travelling. One of them was sitting on the back seat of the car. He was alleged to have run away taking advantage of the thick fog. Two persons sitting on the front seat of the car were apprehended. They disclosed their names as Devinder Singh alias Kaka and Gurmit Singh alias Mita. Two bags each containing 35 kgs. of poppy husk was recovered in the presence of DSP by SI Gurmail Singh. Other police party headed by SI Gurbaz Singh intercepted car No. PB-10-J-8969 Ceilo black. Munish Singh alias Munna was apprehended while Balraj Singh and Jagmail Singh alias Bhattu managed to run away. Ceilo car was found carrying 4 bags containing poppy husk.

(3.) IN my opinion, the submission made by the learned Counsel cannot be brushed aside easily. No wonder, the accused has not committed any offence. So, bail to him to the satisfaction of Chief Judicial Magistrate, Patiala. Petition allowed.