SANDEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) All the three afore-mentioned petitions are being taken up together for discussion and adjudication as these have arisen out of the same FIR bearing No.21 dtd. 13/4/2021 registered at Police Station Rureke Kalan, District Bamala, under Ss. 22, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').

(2.) Shorn and short of unnecessary details, the allegations, as levelled in the present case, are that on 13/4/2021, on receipt of a secret information regarding three persons namely Yogesh Kumar @ Sonu, Gurdeep Singh and Puneet Kumar, having been indulging in the sale of intoxicant tablets in the village after procuring the same from outside, the police party, headed by SI/SHO Paramjit Singh, held 'Naka' (put up the barricades) at bus stand on Mehta Road. After some time, the abovenamed three persons were seen coming on a motor-cycle and were apprehended. On being served the notices under Sec. 50 of the Act, they opted to get the search conducted by the Gazetted Officer. Thereafter, Deputy Superintendent of Police, Sub Division Tapa, reached at the spot. The search of the polythene envelope carried by accused-Gurdeep Singh in his right hand, resulted in the recovery of 100 strips, each containing 10 Clovidol-100 SR tablets, i.e total 1000 tablets whereas the search of the cloth-bag hung by accused-Yogesh Kumar @ Sonu on his right shoulder, led to the recovery of 250 strips, each containing 10 Clovidol 100-SR tablets, i.e 2500 tablets and 95 strips, each containing 10 Celcidal 100-SR tablets, i.e 950 tablets and accused Puneet was found to be carrying 1000 strips, each containing 10 Clovidol-100 SR tablets, i.e 10000 tablets and 100 strips, each containing 10 Celcidal-100 SR tablets, i.e 1000 tablets, in the bag hung by him on his shoulder. During their interrogation, the aforenamed accused suffered the disclosure statements regarding the said contraband having been supplied to them by petitioner-Sandeep Kumar and in pursuance thereof, he (Sandeep Kumar) was apprehended and 1500 Clovidol 100-SR tablets, packed in 150 strips (each containing 10 tablets) and 600 white colour loose intoxicant tablets were recovered at his instance. He suffered a disclosure statement and on the basis of the same, petitioner Amit Sharma @ Makhan was also nabbed and he also made a disclosure statement and got 300 white colour loose intoxicant tablets recovered/discovered in pursuance of the same.

(3.) Petitioner-Sandeep Kumar moved an application before the Court below for claiming the statutory bail under Sec. 167(2) Cr.P.C. while pleading that as per the FSL report, the afore-said 1500 tablets, as allegedly recovered from him, contained 'Pregabalin' which did not fall within the purview of the Act and the total weight of 600 loose tablets, reportedly containing 'Tramadol Hydrochloride' Salt, came out to be 242.088 gms which was 'non-commercial/intermediate' quantity and the Challan had not been presented in the Court within the stipulated period. However, the Special Court dismissed the above-said application vide the order dtd. 12/7/2021 and CRR No.746 of 2021 has been preferred by the afore-named petitioner to assail the above-said order and he has also sought the relief of regular bail vide CRM-M No.22598 of 2021 whereas petitioner Amit Sharma @ Makhan has also prayed for the same relief in CRM-M No.29457 of 2021.