SARABJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.89 dtd. 16/5/2020 at Police Station Kotwali, District Kapurthala under Sec. 22 of Narcotic Drugs and Psychotropic Substances Act, 1985, Ss. 188 and 269 of Indian Penal Code and Sec. 3 of Epidemic Diseases Act, 1897, wherein offences under Ss. 21, 22, 27-A and 29 of NDPS Act were added later on.

(2.) It is the case of prosecution that on 16/5/2020 one Nekdeep Kumar @ Sunny was apprehended by the police during the course of 'Nakabandi' while he was coming on a Hyundai Venue Car bearing registration No.PB-08-EL-1937 and from whose posession 17 injections of diazepam and 1 kg. of 'Alprazolam' powder was recovered. It is further the case of prosecution that during the course of interrogation the aforesaid Nekdeep Kumar @ Sunny disclosed names of 8 more persons to be associated with him, which included one Sarabjit Singh @ Loga (petitioner). It is further the case of proseuction that subsequently another disclosure statement was made by Nekdeep Kumar @ Sunny wherein he disclosed names of 9 more persons to be his associates in the business of drugs. The police apprehended the petitioner Sarabjit Singh @ Loga from Jaipur on 3/7/2020 while he was accompanied by Varun Kumar. The prosecution claims that the petitioner Sarabjit Singh @ Loga as well as Varun Kumar suffered disclosure statements to the effect that they had kept concealed 1 kg. of 'heroin' in a car, which was lying parked in Kapurthala. Pursuant to aforesaid disclosure statement, the accused are alleged to have led the police party to the nominated place in Kapurthala on 4/7/2020 and are alleged to have got recovered 1 kg. of 'heroin' from a car bearing registration No.PB-09-AE-9217.

(3.) Learned counsel for the petitioner has submitted that the petitioner was never ever arrested at the spot when the main accused namely Nekdeep Kumar @ Sunny was apprehended by the police on 16/5/2020 and that he has been nominated as an accused subsequently on the basis of a disclosure statement allegedly made by aforesaid Nekdeep Kumar @ Sunny. It has further been submitted that the aforesaid Nekdeep Kumar @ Sunny nominated as many as 8 persons when his disclosure statement was recorded in the first instance and subsequently nominated another 9 persons to be his associates. It has been submitted that it was pursuant to the nomination of the petitioner as an accused in the disclosure statement made by Nekdeep Kumar @ Sunny that he was apprehended by the police from Jaipur but even as per the case of prosecution the petitioner was not found to be carrying any contraband when he was arrested from Jaipur.