KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of anticipatory bail in FIR No.223 dtd. 8/11/2021 under Ss. 21, 27-A of NDPS Act and Ss. 77 and 78 of Juvenile Justice (Care and Protection of Children) Act, registered at Police Station Baghapurana, District Moga.

(2.) Learned counsel for the petitioners submits that the petitioners are real brothers and since their birth, they are living in Village Sangatpura and are doing the agricultural work and till date, no case under NDPS Act has been registered against them. In fact, on a previous occasion, mother of the petitioners Sarabjit Kaur had given a complaint against one Bhajan Singh with SHO on 3/11/2021 and now this FIR has been registered on the basis of secret information that the petitioners are involved in selling of heroin to the minor children. On the same day, house of the petitioners was raided and nothing incriminating was found. During investigation, statement of one witness i.e. Arshdeep Singh son of Bhajan Singh, against whom, mother of the petitioners had given a complaint prior to registration of the present FIR, is recorded by the police and except that there is no witness in the entire village to depose against the petitioners.

(3.) Affidavit of ASI Varinder Kumar, CIA Staff, Baghapurana, filed in the Court today, is taken on record. In this affidavit, it is not disputed that there is only one witness i.e. Arshdeep Singh son of Bhajan Singh.