LOVEPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer in the present petition under Sec. 438 Cr.P.C is for the grant of anticipatory bail in case bearing FIR No.78 dtd. 18/8/2022 registered under Sec. 21 of the NDPS Act, 1985 (Sec. 29 of the NDPS Act later on) at Police Station City Morinda, District Rupnagar.

(2.) The brief facts of the case are that while the police party was on patrolling duty at the Kharar-Ludhiana Bypass Road Morinda on the T-point going towards Village Datarpur, a Swift Dzire car came from the side of Village Datarpur. On seeing the blockade, the driver of the car stopped near the blockade and tried to turn the car back. The police party apprehended the driver. A bulky transparent plastic polythene bag (with a zip) through which heroin was visible was found lying near the gear lever. On enquiry, the driver of the car disclosed his name as Jagpreet Singh @ Jaggi son of Dilbagh Singh and the person sitting on the adjoining seat disclosed his name as Sarabjot Singh @ Tota son of Major Singh. From the transparent polythene packet, 20 grams of heroin came to be recovered. During the course of investigation, Jagpreet Singh @ Jaggi and Sarabjot Singh @ Tota disclosed the names of Sukhwinder Kaur @ Sukhi, Devraj @ Debu, Jagpal Singh @ Gora who were nominated in the present FIR and the offence under Sec. 29 of the NDPS Act was added. Thereafter, Sukhwinder Kaur @ Sukhi was arrested and from the plastic polythene bag which she had thrown away, 80 grams of heroin came to be recovered. She also got recovered the proceeds of crime in the shape of gold and silver jewellery, cash and vehicles from the store room of her house. Similarly, Devraj @ Debu and Jagpal Singh @ Gora were also arrested.

(3.) The petitioner had sought the concession of anticipatory bail and on 8/9/2022, the following order was passed:-