AMARJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This order shall dispose of the aforesaid two petitions i.e. CRM-M-9792-2020 and CRM-M-22182-2020 filed on behalf of the petitioners, namely, Amarjit Singh and Yadwinder Singh respectively, seeking grant of regular bail in respect of a complaint case registered against them vide NCB Crime No.16/2019 dtd. 30/3/2019 under Ss. 8/15/29/60 of the NDPS Act.

(2.) It is the case of the prosecution that on 29/3/2019, a secret information was received by T. Anil Kumar, Intelligence Officer, NCB, Chandigarh to the effect that two persons, namely, Amarjit Singh and Yadwinder Singh indulged in trafficking of opium poppy straw and that even on the given day, they were transporting huge quantity of opium poppy straw in a truck bearing registration No.PB-04-AB-2445 and would reach near Toll Plaza, Chand Purana, Moga-Kotkapura road at about 10:00-11:00 PM. Pursuant to receipt of said information, a raiding party comprising of officials of NCB, Chandigarh and headed by Avdesh Kumar, Intelligence Officer was constituted, who reached the Toll Plaza, Chand Purana and associated independent witnesses. At about 10:35 PM, a truck bearing registration No.PB-04-AB-2445 approached the Toll Plaza, Chand Purana and was signaled to stop. Avdesh Kumar, Intelligence Officer, introduced himself to driver of the truck and his associate. While the driver of the truck introduced himself as Amarjit Singh, the person sitting alongwith him disclosed his name as Yadwinder Singh. Upon enquiry, they initially denied carrying any contraband, but later reluctantly disclosed that they were carrying bags containing onions, which was loaded in the truck from Indore (Madhya Pradesh), which were to be delivered at Jalandhar and that beneath the said bags, 20 bags containing poppy husk/straw had been kept concealed. However, since labourers could not be arranged for unloading the onion bags underneath which bags containing poppy husk/straw were stated to be concealed, it was only around

(3.) :30 AM on the next day i.e. 30/3/2019 that the onion bags were unloaded and 20 plastic bags of black colour containing poppy husk were recovered. The total weight of the recovered bags worked out to 580.010 Kgs. 3. It is further the case of the prosecution that both the accused suffered voluntary statements in terms of Sec. 67 of the NDPS Act. Amarjit Singh is said to have disclosed that while they had loaded 404 bags of onions at Indore for the purpose of delivering the same at Jalandhar, they had met Shahrukh Khan @ Shahrukh at Jaora at Moga Dhaba, who gave 20 bags containing poppy husk/straw which he alongwith his co-accused Yadwinder Singh loaded in the truck beneath the bags of onions. He further disclosed that the said bags were to be delivered to a person, namely, Bittu in Moga. Samples were drawn from the recovered contraband and were got analyzed and as per the report of the Chemical Examiner, the same was found to be "poppy straw'.