VARINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Today physical hearing was held but on request of learned counsel for the petitioner in CRM-M-29131-2020, the matter is taken up by way of hybrid hearing.

(2.) The facts relating to FIR No. 72 dtd. 23/5/2020, under Ss. 21, 22, 25 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, 'the Act') and Ss. 468, 471 and 120-B IPC (added lateron) registered at Police Station Mehal Kalan, District Barnala are that the police party received a secret information on 23/5/2020 that Lovepreet Singh @ Lavi, Ravinder Singh @ Bhinda, Satveer Singh @ Satti, Balwinder Singh @ Nikka and Raminderjeet Singh @ Ravi had formed a gang and were indulging in sale and purchase of narcotics. They were sitting in car bearing registration No. PB11-AY-1700. Acting upon the information, car was checked, Lovepreet Singh @ Lavi, Ravinder Singh @ Bhinda, Satveer Singh @ Satti and Balwinder Singh @ Nikka were apprehended and 2500 tablets of Tramadol with brand name of Clovidol 100 SR manufactured by NUTEC Healthcare Pvt. Ltd. (for short, 'the company') were recovered. During investigation, it revealed that one of the Director of the Company is Gaurav Arora. On the basis of disclosure statement of Balwinder Singh @ Nikka, 250000 tablets of Clovidol 100 SR manufactured by the company and Rs.4,00,000.00 drug money was recovered. Balwinder Singh @ Nikka named Zulfkar Ali, he was nominated and on his statement, 12000 tablets of Clovidol SR manufactured by the company were recovered on 29/5/2020. Zulfkar Ali further named Bittu Ram, Aman Singla, Manpreet Singh @ Money, Firozdin and Kishnish Garg of P.M. Medical Hall Tapa (found innocent by police). On 2/6/2020, Bittu Ram and Aman Singla were apprehended while travelling in car bearing registration No. PB-19R-8910, recovery of 10500 tablets of Clovidol SR manufactured by the company was effected. On 3/6/2020, Manpreet Singh @ Money was arrested travelling in Maruti Swift car bearing registration No.PB-25F-9052 which was registered in the name of his brother Amanpreet Singh. 5000 tablets of Clovidol SR manufactured by the company were recovered.

(3.) On further investigation from Zulfkar Ali regarding source of the tablets recovered, he named Harish Bhatia who was nominated on 22/6/2020. Harish Bhatia was arrested on 11/7/2020 from West Bengal and on his disclosure statement, on 15/7/2020 recovery of 97600 tablets of Clovidol SR manufactured by the company was made from an office of a Transport Company at Pilibhit. Harish Bhatia disclosed that he had taken a room on rent in Amritsar along with Sachin Sharma, based at Haryana and one Narinder Khanna of Amritsar, both the persons were nominated. On 20/7/2020 from the room taken on rent by Harish Bhatia and others, 20000 tablets of Clovidol SR manufactured by the company and Rs.85,000.00 drug money were recovered.