BALKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks his release on regular bail in respect of FIR No. 0011 dated 23.01.2021, registered at Police Station City Morinda, District Rupnagar, Punjab for offences punishable under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, in short, being referred to as 'the Act') and under Section 427 of IPC.

(2.) As per case of prosecution, on 23/01/2021, when ASI Balbir Singh was present along with other police officials at bypass near T-Point Panjkoha, Morinda, then at about 1:30 PM, a secret information was received to the effect that Kamaljit Singh @ Don and Balkar Singh (petitioner) were coming in a car bearing registration No. HR-26-BT-8306 along with huge quantity of intoxicant powder. Pursuant to receipt of said information, barricading was raised and at about 1:50 PM, a white coloured car bearing registration No. HR-26-BT-8306 was noticed and was signalled to stop. However, the driver of the said vehicle tried to reverse the same and hit against a police vehicle on the side due to which the police vehicle sustained huge damage. It is alleged that while the driver of the car ran away from the spot, the person sitting on the passenger seat was nabbed who disclosed his name as Balkar Singh. It is further alleged that the said person before his apprehension took out a transparent polythene bag from a pocket of his jacket and threw the same on ground. Balkar Singh disclosed the name of the person who had escaped as Kamaljit Singh and that they had brought intoxicant powder from Amritsar so as to sell the same in Morinda. He further disclosed that Kamaljit was carrying a large quantity of intoxicant with him when he ran away. The police officials present at the spot did not open the bag thrown by the accused and sent a request to send a competent police officer at the spot. S.I. Sukhwinder Singh reached the spot and search of the bag was effected in his presence which led to recovery of 110 grams of intoxicant powder which was later found to be 'Diphenoxylate hydrochloride'.

(3.) The learned counsel for petitioner has submitted that the petitioner has falsely been implicated in the instant case and that infact it is a case where an accident had taken place between a police vehicle and BMW car bearing registration No. HR-26-BT-8306 and the petitioner had supported the driver of BMW, whereas the police in order to save the driver of the police vehicle from any departmental action or any civil or criminal liability had planted false case against the petitioner and driver of BMW car to pressurise them. The learned counsel in order to make out a case for grant of regular bail to petitioner, has raised the following submissions: