BIKRAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of aforesaid two petitions filed by two petitioners, i.e. Bikram Singh @ Bikkar and Aman Sharma, under Sec. 439 Cr.P.C. praying for grant of bail pending trial in FIR no.41 dtd. 19.02.2020 registered under Ss. 21, 25, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act 1985') and under Sec. 25 of the Arms Act, 1959, at police Station Ranjit Avenue, District Amritsar. Bikram Singh @ Bikkar has filed CRM-M-5374-2021 and Aman Sharma has filed CRM-M-37169-2020. The petition of Bikram Singh @ Bikkar is taken up as the main petition with the consent of the parties, and the facts are being taken from the same for the purpose of adjudication of present case.

(2.) The case of the prosecution in brief is that Inspector Sukhwinder Singh, Incharge CIA Staff, Amritsar, along with other police officials, were present at Hartej Hospital, Amritsar, in connection with patrolling in search of bad elements. At around 9.45 PM, a secret informer informed that petitioner Bikram Singh along with other accused, who were all doing the business of heroin, were sitting in one white Safari car without number and were carrying huge quantity of heroin and were also having pistols with them. On the basis of said information, Sukhwinder Singh along with police officials reached at the place where one Tata Safari car was present and the three persons who were sitting in the car, tried to run away on seeing the police party but were encircled and apprehended. After following the procedure under Sec. 50 of the Act, the recovery from the petitioner Bikram Singh was that of 500 grams of heroin. 1 kg. of heroin was recovered from Rohit, co-accused of petitioner. Pistol was also recovered from Rohit. Further, from the third accused Shivam, 500 grams of heroin and one pistol was recovered. It is the case of the prosecution that on the basis of disclosure statement made by co-accused Rohit to the effect that he got heroin from Aman Sharma (the petitioner in the second petition), the name of Aman Sharma was also included in the array of accused persons. Petitioner Bikram Singh was arrested on 18.02.2020 whereas petitioner Aman Sharma was arrested on the basis of disclosure statement dtd. 22.02.2020. The challan has been presented and there are as many as 25 witnesses out of which only one witness has been examined. All these witnesses are stated to be police officials.

(3.) Learned counsel for petitioner Birkam Singh has submitted that in the present case, there is a complete non-compliance of Sec. 42 of the Act 1985. Reference has been made to ruqa dtd. 18.02.2020 in which it has been mentioned that the same has been sent after recording the fact that there is "secret informer" who has given information as to the whereabouts of the petitioners and other persons. It is submitted that on the basis of said ruqa, the present FIR had been registered and the secret information had not been taken down in writing independently nor was the same sent in writing to the superior police officer. Learned counsel for petitioner Bikram Singh has referred to the judgment of the Hon'ble Supreme Court dtd. 08.08.2011 titled as "Rajender Singh vs. State of Haryana" in Criminal Appeal no.1051 of 2009, which was also a case in which "ruqa had been sent to the police station but however, the Hon'ble Supreme Court has held that since PW-6 Kuldip Singh had not prepared any record about the secret information received by him in writing and nor sent the same to the higher authorities and thus the same was considered as one of the main grounds for allowing the appeal". The relevant portion of the said judgment is reproduced hereinbelow:-