AMANPREET SINGH ALIAS JAGGU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common judgment, I intend to dispose of CRR-549- 2014, titled 'Amanpreet Singh alias Jaggu vs. State of Punjab' and CRR- 1056-2014 , titled 'Sukhwant Singh @ Sukha vs. State of Punjab', as these revisions have arisen from the order dated 17.01.2014 passed by Judge, Special Court, Jalandhar whereby petitioners have been chargesheeted under Section 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') in a case FIR No.60 dated 01.06.2012, registered at Police Station Kartarpur, under Sections 21/25/29 of 'NDPS Act'.

(2.) For convenience, facts are being taken from CRR-549-2014, titled 'Amanpreet Singh alias Jaggu vs. State of Punjab'. Relevant facts in brief are to the effect that on 01.06.2012, Inspector Inderjit Singh along with other police officials was present at check-post Kartarpur at T-Point Bholath in order to perform official duty. In the meantime, he received a secret information that Ranjit Singh @ Raja Kandola son of Kewal Singh, Jat, resident of Happowal Police Station Banga, Harkanwaljit Singh alias Harpinder Singh alias Rupa son of Resham Singh, caste Jat, resident of Jiowal, Harjinder Singh alias Jinder, Jat, resident of Katta Police Station, Bahi Ram, District Shaheed Bhagat Singh Nagar, Sukhwinder Singh alias Laddu son of Balbir Singh, Jat, resident of Chak Singhan, Police Station Garhshankar, Gurinder Singh son of Harbhajan Singh, caste Jat, r/o Pur Hiran, Balroop Singh alias Roop son of Mohan Singh, caste Jat, resident of Pur Hiran, District Hoshiarpur and Amandeep Singh alias Cheema son of Bhagwant Singh, Jat, resident of Timberwala, Police Station Malaud, District Sangrur in connivance with some foreign residents have made a big gang to supply intoxicants. They used to prepare Methamphetamine (Ice) and Heroin and supply the same in Jalandhar and other parts of Punjab, India and abroad also. If members of the gang are apprehended, a huge quantity of heroin and Methamphetamine (Ice) would be recovered from them. On this, FIR was registered and information was sent to police authorities including SP (D) Jalandhar (Rural) Rajinder Singh. Thereafter, recovery of contrabands was effected from above named accused. During the investigation, on 15.06.2012, accused-Nishan Singh @ Toni disclosed that Amanpreet Singh @ Jaggu, Kulwinder Singh Mann, Billu in connivance with Ranjit Singh @ Raja Kandola, used to prepare ice at Kirti Nagar New Delhi and supply the same abroad. On 19.06.2012, accused Amandeep Singh Cheema and Harkanwaljit Singh @ Harpinder Singh @ Roopa and Sukhwinder Singh @ Laddu, who were in judicial custody at District Jail, Hoshiarpur in FIR No.49 dated 02.06.2012, registered at Police Station Garhshankar , under Section 21 of the 'NDPS Act' were taken in custody on production warrants and interrogated. They gave important clues for accompanying with the business of Ranjit Singh @ Raja Kandola and disclosed the name of his close associate who supplied the F-Drine to Raja Kandola for preparing the ice. They disclosed in their statements about Sukhwant Singh @ Sukha Gakhal son of Nirmal Singh, caste Jat, resident of Gakhal, P.S.Lambra, District Jalandhar, Onkar Singh @ Shera, resident of 211 Dashmesh Nagar, near Power House, District Hospital. On this, the above named Sukhwant Singh @ Sukha Gakhal was arrested on 23.06.2012. During the investigation, he named one more accused namely Kulvir Singh and stated that he is supplying the F-Drine to Raja Kandola on large scale. On 04.08.2012, accused-Amanpreet Singh @ Jaggu was arrested, who also during investigation admitted his relations with Raja Kandola and Nishan Singh @ Toni. He also disclosed that he knew both of them due to their stay in his hotel at Delhi and being engaged themselves in travel agent business. Accused-Amanpreet Singh @ Juggu admitted his relations with accused-Ranjit Singh @ Raja Kandola and Nishan Singh @ Toni in connection with the property dealing business only. On 25.08.2012, accused-Ranjit Singh @ Raja Kandola, who was already arrested in case No.18 dated 13.08.2012, registered at Police Station Special Cell, Lodhi Colony, New Delhi, under Sections 21/22/25 of the 'NDPS Act', was brought on production warrant and arrested in this case also. He disclosed that he prepared Methamphetamine ice on a large scale from F-Drine and other necessary chemicals supplied by John Millan, Brayan Choudhary and Madhuri, resident of Serbia, Croatia and smuggled the same abroad. For preparing the ice, necessary F-Drine was supplied to him by his above mentioned associates. In December, 2010, accused Sukhwant Singh @ Sukha Gakhal supplied him 50 kgs of F-Drine in Delhi from Jodhpur and Ramandeep Singh @ Bopassi son of Gurinder Singh supplied him 50/50 kgs two consignments in Delhi. He also disclosed that Ravinderpreet Singh @ Whisky supplied his consignment of 50 kgs of F Drine at Delhi from Jodhpur. Punit Khurana supplied him two bundles of F Drine 50/50 kgs at Delhi procured from Meerut and Rajasthan. Onkar Singh @ Shera supplied him two bundles of 50/50 kgs of F Drine at Farm House at Samrala and he procured the same from Jodhpur through Kulwinder Singh Mann and Sodhi, who are his old friends. On the police report, petitioner-Amanpreet Singh @ Jaggu has been discharged in pursuance to inquiry conducted by S.P(D), Jalandhar (Rural).

(3.) The trial Court after appreciating the material available on record framed the charge against the petitioners under Section 29 of the 'NDPS Act'. Hence, these petitions. I have heard learned counsel for the parties and perused the record. Mr. R.S.Cheema, learned senior counsel appearing on behalf of petitioner-Amanpreet Singh @ Jaggu has contended that secret information was received by Inspector Inderjit Singh with regard to other persons, not the petitioner. Learned counsel further contended that petitioner has been involved merely on the statement of co-accused- Nishan @ Tony. No other evidence has been collected during the investigation against the petitioner and no recovery has been effected from the petitioner. The petitioner was arrested and thereafter discharged after the investigation by the SP (D), Jalandhar, Rural. Nothing was found against the petitioner. There is nothing on record to connect the petitioner with co-accused and charge under Section 29 of the 'NDPS Act' has been framed merely on the basis of conjectures and surmises. Learned senior counsel further contended that purported confessional-cum-disclosure statement of co-accused Nishan @ Tony is not admissible in evidence in any event. Learned senior counsel further contended that disclosure statement of co-accused recorded by the police after arrest cannot be used against other person. There is no evidence on record that the petitioner and co-accused involved in this case are in any way involved in business transaction. Learned senior counsel has relied upon Century Spinning & Manufacturing Co. Ltd., 1972 AIR(SC) 545, Union of India vs. Prafulla Kumar Samal and another, 1979 AIR(SC) 366, Niranjan Singh Karam Singh Punjabi Advocate vs. Jitendra Bhimraj Bijja and others, 1990 AIR(SC) 1962, Suresh Budharmal Kalani alias Pappu Kalani vs. State of Maharashtra, 1998 AIR(SC) 3258, Dilawar Balu Kurane vs. State of Maharashtra, 2002 2 SCC 135, Onkar Nath Mishra and other vs. State (NCT of Delhi) and another, 2008 2 SCC 561, Yogesh alias Sachin Jagdish Joshi vs. State of Maharashtra, 2008 10 SCC 394, Amar Singh Ramji Bhai vs. State of Gujarat, 2005 7 SCC 550, Ravi vs. State of Maharashtra,2005 1 AllMR(Cri) 701, Sat Pal vs. State of Himachal Pradesh, 2013 CrLJ 1407and Kishan Singh vs. State of Rajasthan,1996 1 CrLJ(Cri) 69.