GURINDERPAL SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The Petitioner seeks regular bail in a case registered against him on 04.08.2010 for the offence under Section 18 of the NDPS Act at Police Station Fatehgarh Sahib, District Fatehgarh Sahib.

(3.) The FIR, in the case, has been registered on the basis of memo sent by Jaswinder Singh, CIA Staff, Sirhind to the SHO, Police Station Fatehgarh Sahib. Jaswinder Singh, Inspector, CIA Staff, Sirhind along with other police officials were in a Government gypsy which was being driven by Head Constable Satnam Singh. They were checking vehicles at 'T' point at the road from Chandigarh to Fatehgarh Sahib at village Bhairopur in the area of Police Station Fatehgarh Sahib. During checking, Jaswinder Singh, Inspector was talking to Major Singh who had come from Chandigarh side on his motorcycle. At about 11.50 a.m., one silver colour Indigo car came from Fatehgarh Sahib side, which was being driven by a young person and one person was sitting on the other front seat. The car was signalled to stop and the name of the occupants were asked. The person driving the car disclosed his name as Gurinderpal Sharma alias Rinku (Petitioner) and the other person sitting on the adjoining seat of the said car, disclosed his name as Karnail Singh alias Chicha (non-Petitioner). A black colour bag was seen lying between both the front seats, which raised a suspicion in the mind of Inspector Jaswinder Singh. He stated that he wanted to search the bag and that the occupants can seek their search in the presence of a Gazetted Officer or a Magistrate, who can be called at the spot. The occupants of the car said that they want their search to be conducted in the presence of a Gazetted officer. Major Singh with whom Inspector-Jaswinder Singh was conversing was apprised of the incident and he was joined with the police party for further proceedings. The statements of the occupants of the car were recorded and Daljit Singh DSP (D) was apprised of the circumstances and was asked to come at the spot. Daljit Singh DSP (D) along with his staff came at the spot in Government Tata Sumo vehicle. He introduced himself to Gurinderpal Sharma (Petitioner) and Karnail Singh. Thereafter search of the bag was carried out and one polythene was found in which there was some black colour dark substance wrapped in a paper. The black colour dark substance was found to be opium. Two samples of 10 grams opium were taken and the remaining opium weighed 4 Kgs 980 Grams. In this manner, 5 Kgs of opium was recovered. The opium was then put in the same polythene and then in the same black bag. The containers of samples as well as remaining opium was attested by the stamp of JS and sealed. The seal was handed over to the witness Major Singh.