SARMAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRM-19117-2021 Prayer in this application is for preponing the date fixed in the main petition. Heard. For the reasons stated in the application, the same is allowed and the main case is taken up today for hearing. CRM-19118-2021 Heard. Allowed as prayed for. Documents (Annexures P-7 to P-27) are taken on record subject to all just exceptions. CRM-M-26001-2020

(2.) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.17 dated 24.01.2020, for offence punishable under Sections 21/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') (Sections 27/29 of the NDPS Act added later) registered at Police Station S.T.F., District S.A.S. Nagar, Mohali.

(3.) Counsel for the petitioner has submitted that as per the allegations in the FIR, ASI Balwinder Singh received a secret information that the petitioner Sarmail Singh @ Shaila is habitual of selling Heroin and he is going on a motorcycle for selling the same to other villages and can be apprehended. On receiving such information, ASI Balwinder Singh sent a ruqa to the Police Station for registration of the case. Thereafter, the police party headed by SI Prabjit Singh prepared a raiding party and put up a barrier where the petitioner was apprehended along with one Gajjan Singh. The petitioner was carrying 400 gms. of Heroin whereas Gajjan Singh was found in possession of 65 gms. of Heroin.