AMARJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Application sent by post by Amarjit Kaur to Hon'ble the Chief Justice of this Court has been registered as the instant criminal writ petition and listed on judicial side.

(2.) In reply filed on behalf of State of Punjab, averments made in the application, have been denied. On the other hand, it has been alleged that FIR No.100 dated 08.08.2011 under Sections 489-A, 489-B and 489-C of the Indian Penal Code was registered against Nasim Shaffi (alleged detenue) and others in Police Station Division No.7, Ludhiana, on the basis of secret information and during raid, Nasim Shaffi was arrested on 08.08.2011 and fake currency notes worth Rs.50,000/- were recovered from him. Information of his arrest was given to the petitioner on 08.08.2011 itself and the petitioner even signed the 'Arrest Information Memo'. On further search of Nasim Shaffi, 15 grams of intoxicant powder/heroin/smack was recovered from him and accordingly, FIR No.101 dated 08.08.2011 under Section 21 of the NDPS Act, 1985 was also registered against him in Police Station Division No.7, Ludhiana and he was also arrested in the said case on 08.08.2011 and information regarding his arrest in the said case was also given to the petitioner on the same day i.e. on 08.08.2011 itself and the petitioner also signed the 'Arrest Information Memo' in this case as well. It is also alleged that Nasim Shaffi was produced in the Court of Illaqa Magistrate on 09.08.2011 in both the cases and was remanded to police custody. It has also been pleaded that the present writ petition appears to have been filed to create false defence.

(3.) Petitioner is present in person, pursuant to notice issued to her. The petitioner has admitted her signatures on 'Arrest Information Memos' dated 08.08.2011 shown to her by ASI Harbhajan Singh, who has come to assist the State counsel. However, the petitioner asserts that Nasim Shaffi had been picked up on 05.08.2011.