SULAKHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SULAKHAN , petitoner seeks anticipatory bail in case bearing FIR No. 101 dated 27.5.2001 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) with Police Station City, Nawanshahr.

(2.) THE prosecution allegations against the petitioner-accused are that on 27.5.2001, ASI Bikkar Singh, Police Station, Sadar, Nawanshahr in the company of other police officials was present at Langroya in connection with Nakabandi. He received a secret information that Sulakhan, petitoner-accused, was selling poppy husk on the link road of Bhan Majra and could be caught if raid was conducted. Finding this information reliable, Bachna Ram was associated with the police party and the police party proceeded in a private vehicle towards the link road of Bhan Majra. They noticed the accused standing near a bag of poppy husk. On seeing the police party the petitoner-accused ran towards the fields. He was identified by Bachna Ram. Efforts to apprehend the accused proved futile. Thereafter, presence of Balbir Singh, D.S.P., Nawanshahr was secured and during the seizure proceedings the bag was found containing 40 Kgs. of poppy husk. The recovery proceedings were completed at the spot. On these allegations the present case was registered.

(3.) LEARNED counsel for the petitoner, while pressing for his bail, has mainly contended before me that a concocted story has been put up by the prosecution in order to falsely implicate the petitoner and fasten the recovery of poppy husk in this case though factually he was not present at the place of recovery. It was further pointed out by him that compliance of Sections 42 and 50 of the Act have not been done. Additionally, it was submitted by him that the petitioner-accused was granted interim bail by this Court as far back as on June 19, 2001 (by Hon'ble Mr. Justice R.L. Anand) and thereafter he had joined the investigating and for that reason his custodial interrogation is not required.