SAURAV Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who is brother of accused Sahil Kumar @ Gora, has approached this Court seeking transfer of investigation in FIR No. 244 dtd. 9/11/2020, registered under Ss. 22/29 of the NDPS Act, 1985 at Police Station City Kotkapura, District Faridkot to an independent agency like the Central Bureau of Investigation, Vigilance Bureau, Punjab or any other agency.

(2.) The FIR was lodged at the instance of SI Kulbir Chand wherein it is alleged that on 9/11/2020, when he was present in the office of CIA Staff, Jaito, then at about 8:15 p.m., ASI Sikander Singh informed him telephonically that while he alongwith other police officials was patrolling in the area of Kotkapura, they had come across a young boy going on a scooty, who upon noticing the police party tried to turn back but was apprehended by the police I attest to the accuracy and integrity of this document on the basis of suspicion that he was carrying some intoxicant. Upon receipt of said information, Sub-Inspector Kulbir Chand reached at the spot at about 8:30 p.m. Upon enquiry, the apprehended young boy disclosed his name as Sahil Kumar. S.I. Kulbir Chand identified himself and extended an offer in terms of Sec. 50 of the NDPS Act (hereinafter referred to as 'the Act') regarding option of being searched in the presence of some Magistrate or a gazetted officer. Sahil Kumar opted to be searched in the presence of some gazetted officer, upon which DSP Jaspal Singh was requested to come at the spot, who reached at about 9:35 p.m. DSP Jaspal Singh also extended an offer in terms of Sec. 50 of the Act but Sahil Kumar reposed confidence in the DSP. The search of the Activa scooty led to recovery of three boxes of 'Tramadol Hydrochloride' 100 mg Celvidol 100-SR (a total of 1500 tablets), apart from an amount of Rs.8,500.00. The personal search of Sahil Kumar did not lead to any incriminating recovery.

(3.) It is further the case of prosecution that the aforesaid Sahil Kumar suffered a disclosure statement on 11/11/2020 regarding involvement of one Ajay Kumar Jindal and consequently, Ajay Kumar Jindal was arrested on 16/11/2020. It is the case of prosecution that upon arrest of Ajay Kumar Jindal, he made a disclosure statement pursuant to which he got recovered 980 loose tablets from an open space near Government College, Kotkapura.