KULDEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Case taken up through video conferencing.

(2.) This petition under Sec. 438 Cr.P.C. for pre-arrest bail has been filed by the petitioner - Kuldeep Kumar @ Chawala, aged about 35 years, an accused in FIR No.25 dtd. 26/2/2021, under Ss. 21 and 29 of NDPS Act, registered with Police Station verka, District Police Commissionerate, Amritsar.

(3.) Briefly stated, the facts of the case as per the prosecution story are that on 26/2/2021, a police party from Police Station Verka, Amritsar City while proceedings from Mudhal Bus stand towards the village had intercepted a scooty coming from village Mudhal side, which was being driven by Rahul Dev alias Raja with Shamsher Singh @ Shera as pillion rider; on seeing the police party Rahul Dev alias Raja had taken out a polythene envelope having contents from the right pocket of his pyjama and tried to throw it on the road; both such persons were arrested; the polythene envelope thrown away by Rahul Dev @ Raja was found to contain 10 gms. of heroin. Formal FIR in the matter was recorded. Both the accused were arrested in this case. The investigation in the case started, during the course of which from the disclosure statements made by above-said accused, it came out that they used to purchase heroin from the present petitioner Kuldeep Kumar @ Chawala, related to accused Rahul Dev @ Raja being son of his aunt and further they would sell it to the customers. In that way, the present petitioner was nominated as an accused in this case.