JAGDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition is filed by petitioner, seeking bail in criminal case bearing FIR No.0016 dtd. 22/1/2020, registered under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') (Sec. 473 of Indian Penal Code, 1860 (for short 'IPC') added later on) at Police Station, Special Task Force, STF Wing, Phase-IV, SAS Nagar, Punjab.

(2.) Per FIR, on 22/1/2020, a police party headed by Inspector Harbans Singh was on routine search for drug peddlers. They erected nakabandi (barricading) on a link road. At about 2:15 p.m., a secret informer divulged that Jagdev Singh @ Jaggi (petitioner herein) and his brother Parminder Singh @ Meena, Mandeep Singh @ Mika son of Pindu, Sonu Ghalaut and Harpreet Singh, in connivance with each other are illegally selling heroin. He further informed that all of them were going to Ludhiana from Doraha in a white coloured lancer car bearing No.PB-10-DA-4041.Based on said information, Inspector Harbans Singh sent ruqa to police station for formal registration of FIR. Formal FIR was registered. Further investigation was handed over to SI Gurcharan Singh. Contraband-Heroin weighing 02 kg 20 grams was allegedly recovered from petitioner and his four co-accused. All the accused were arrested. Petitioner has been in custody since 22/1/2020.

(3.) Learned counsel for petitioner inter alia contends that petitioner has been falsely implicated. Alleged recovery was not made from his conscious possession. Petitioner was driving the car and contraband was recovered from beneath the driver seat. Petitioner was not aware of contents of car. He further submits that even recovery memo does not bear signatures of petitioner.