RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed challenging the impugned order dtd. 28/9/2015 passed by the learned Judge, Special Court, Amritsar vide which the petitioners have been summoned to face trial under Ss. 21, 22, 25, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 while exercising powers conferred under Sec. 193 Cr.P.C.

(2.) The brief facts of the case are that an FIR was registered on 4/11/2018 on the statement of the Sub-Inspector Vavinder Kumar, Police Station B-Division, Amritsar on the basis of secret information that Raj Kumar alias Raju owner of Raju Medical Store, Chopra the owner of Chopra Enterprises near Raju Medical Store, Sanjay alias Shambu (petitioners Nos.1 to 3 herein) and Satnam Singh alias Satta owner of B.K. Pharmaceuticals do the business of selling loose intoxicating tablets etc. after getting the same from Pawan Medical Agency, Bhatti, Near Bhindi Market and Dadda Distributors, Jagdembey Complex, Bhatti Market, Ludhiana through New Bharat Goods Carrier Transport Nagar, Amritsar and out of them, one shopkeeper answering the description of Raj Kumar alias Raju (petitioner No.1) was waiting at Pataka Market along with the goods and in case a raid was conducted, he could be arrested. On the basis of the secret information, a raid was conducted and a person according to the appearance given by the secret informer ran away from the spot and goods and boxes which were six in number were recovered from the spot which contained one lakh capsules of Amphetamine, 01 kg powder and 2000 empty capsules shells. The copy of the FIR No.242 dtd. 4/11/2008 registered under Ss. 21, 22, 25, 29 NDPS Act at Police Station B-Dvision, Amritsar is annexed as Annexure P-1 to the petition.

(3.) An investigation began and petitioner No.1-Raj Kumar alias Raju was declared innocent by the Superintendent of Police (Detective) Amritsar City, when after verification, it was found that on the day of the alleged occurrence the petitioner No.1 was admitted from 3/11/2008 to 7/11/2008 in S.B.S. Memorial Hospital, Tarn Taran. The said inquiry was approved by the Senior Superintendent of Police, Amritsar. The copy of the inquiry report dtd. 15/12/2008 is annexed as Annexure P-2 to the petition. Meanwhile, one Satnam Singh alias Satta, who had been named in the FIR along with the petitioners was arrested in this case on 11/1/2009, while he was in custody in some other case.