NEKDEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks grant of regular bail in a case registered vide FIR No. 89 dtd. 16/5/2020 under Ss. 21, 22, 27-A, 29, 31, 61, 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Ss. 188 and 269 IPC and Sec. 3 of the Epidemic Diseases Act, 1897 at Police Station Kotwali, District Kapurthala.

(2.) As per the case of prosecution, on 16/5/2020, when a police party headed by ASI Jaswinder Singh was present in the area of Nazampur for the purpose of conducting checking of vehicles, then a white coloured car bearing registration No.PB-08-EL-1937 (Hundai Venue) was noticed coming at a high speed. However, the driver of the said vehicle, upon noticing the policy party, tried to turn back but in the said process, the car went towards the unpaved portion of the road. One person got out of the car and tried to run away but was apprehended by the police. Upon inquiry, he disclosed his name as Nekdeep Kumar @ Sunny. It is the case of prosecution that search of the car led to recovery of 17 intoxicant injections which had been kept wrapped in a polythene packet underneath driver"s seat in addition to one kilogram of intoxicating powder. It is further the case of prosecution that the recovered contraband was got examined from FSL and the 17 injections were found to contain "Diazepam" and the intoxicating powder was found to contain "Alprazolam". It is further the case of prosecution that during the course of interrogation the aforesaid Nekdeep Kumar @ Sunny disclosed names of 8 more persons to be associated with him, which included one Sarabjit Singh @ Loga. It is further the case of prosecution that subsequently another disclosure statement was made by Nekdeep Kumar @ Sunny wherein he disclosed names of 9 more persons to be his associates in the business of drugs. The police apprehended Sarabjit Singh @ Loga from Jaipur on 3/7/2020 while he was accompanied by Varun Kumar. The prosecution claims that Sarabjit Singh @ Loga as well as Varun Kumar suffered disclosure statements to the effect that they had kept concealed 1 kilogram of "heroin" in a car, which was lying parked in Kapurthala. Pursuant to aforesaid disclosure statement, the said accused are alleged to have led the police party to the nominated place in Kapurthala on 4/7/2020 and are alleged to have got recovered 1 kilogram of "heroin" from a car bearing registration No.PB-09-AE-9217. Several other accused nominated by petitioner were also arrested and substantial quantities of contraband and cash etc. were recovered from them.

(3.) The learned counsel for the petitioner has vehemently argued that it is a case where he was infact picked up from the gate of the Guardian Hospital, Jalandhar where he had gone to drop his mother in the morning and has falsely been implicated subsequently by cooking up a false story and the entire incident of the petitioner being picked up from the hospital happens to be recorded in a CCTV camera installed in the hospital. It has further been submitted that although a direction had been issued to the police to get the CCTV footage examined but the police has come out with a reply that no such CCTV footage was found in the DVR.