SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition under Section 438 Cr. P.C., petitioner has sought pre-arrest bail in a case registered against him under Sections 15 & 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and Section 411 IPC at Police Station Tibber, District Gurdaspur, vide FIR No. 13 dated 8th April, 2011.

(2.) Learned counsel for the petitioner has argued that the premises of the petitioner was raided by the police in his absence and his house was ransacked. Some contraband and other things were planted at his house. According to him, petitioner has no role to play in the commission of crime and thus, he is entitled to the concession of pre-arrest bail. According to him, search and seizure had been made in violation of provisions of Section 42(2) of the Act.

(3.) Learned State counsel has opposed the prayer and seeks to place on record affidavit of Ajinder Singh, Dy. S.P., City Gurdaspur. Referring to same, he has submitted that on 8th April, 2011, SHO Police Station Tibber received information that petitioner and his wife were dealing in sale/purchase of intoxicating substance. Finding information reliable, the investigating agency raided the place. On seeing the police party, the petitioner fled. On search of house, 16 currency notes of different countries, 150 grams of smack, 530 grams of opium, 3.00 Kgs of poppy husk and 48 mobile phones were recovered. Same were taken into possession. According to him, a special investigation team has been constituted, which is conducting the investigation in totally impartial manner. Custodial interrogation of the petitioner is required for taking the investigation to its logical end.