HARDEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of a bunch of five petitions bearing Nos.CRM-M-17242-2020, Hardeep Kumar @ Babbu vs. State of Punjab, CRM-M-23667-2020, Rajinder Kumar @ Raju vs. State of Punjab; CRM-M-25031-2020, Rupesh Kumar vs. State of Punjab; CRM-M-26360-2020 Tayab Qureshi vs State of Punjab and CRM-M-723-2021, Krishan Kumar Arora vs. State of Punjab, as all the petitioners are accused in FIR No.95 dated 25.02.2020 registered for offences under Sections 22, 25, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short -'The NDPS Act') at Police Station City Barnala, District Barnala, Annexure P-1 and are seeking grant of regular bail under Section 439 of the Code of Criminal Procedure, 1973.

(2.) FIR, Annexure P-1, was registered on the basis of secret information and Mohan Lal @ Kala, was apprehended on 26.02.2020 from whom recovery of intoxicating tablets was effected. His interrogation leads to chain of arrests, including that of petitioners, and huge recoveries. The petitioners were arrested on different dates in March and September 2020.

(3.) Counsel representing the petitioners have contended that the petitioners have been arraigned as accused on the basis of disclosure statements, which are inadmissible in evidence. It has been submitted that most of the petitioners are chemists and possess valid licenses under the Drugs and Cosmetics Act, 1940, and they have not committed any offence under the NDPS Act. Reliance has been placed on order dated 25.11.2020 passed in CRM-M-29854-2020, whereby co-accused, Naresh Mittal @ Rinku was released on bail. Reference has been made to order dated 25.09.2020 passed in CRM-M-48634-2019, Jasbir Singh @ Sukh vs. State of Punjab.