RANA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Rana son of Bansa has applied for anticipatory bail in a case registered against him, by virtue of FIR No.65 dated 18.5.2012, on accusation of having committed an offence punishable under section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 by the police of Police Station Goraya, Distt. Jalandhar, invoking the provisions of section 438 Cr.PC.

(2.) Concisely, the prosecution case is that on 18.5.2012, a police party headed by Sarabjit Rai SHO of Police Station Goraya received a secret information that a truck bearing registration No.PB-07-M-9917 containing poppy husk was parked at the brick kiln of Manjit Singh alias Billa son of Tarsem Singh by accused Jassa, his brother Sonu, Gopi and Rana (petitioner). They were in the process of dividing the poppy husk between themselves equally. If raid is conducted, then, all the accused could be apprehended alongwith the truck containing poppy husk. Believing the secret information credible, the police party raided the spot and after following all the codal formalities, the truck was searched. In the wake of search, 40 bags each containing 40 Kgs. of poppy husk were recovered from the truck, which were kept hidden under 130 bags of Chokar by the accused.

(3.) Levelling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that 40 bags each containing 40 Kgs. of poppy husk were recovered from the possession of the accused. In the background of these allegations and in the wake of ruqqa, the present case was registered against the accused in the manner indicated hereinabove.