BUTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of petition preferred under Section 439 of the Code of Criminal Procedure (for brevity, 'Code') by Buta Singh, in case bearing FIR No. 97, dated 10.05.2014, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'Act') at Police Station Phillaur, District Jalandhar (Punjab).

(2.) INSTANT case was registered on the basis of secret information to the effect that petitioner is engaged in selling of poppy husk. He has ordered huge quantity of poppy husk for transportation, which is being brought by Hari Shankar and Kallu, in canter bearing No. HR -55K -5778. If raid is conducted forthwith, above referred persons as well as canter can be caught red handed. Police party headed by SI Jarnail Singh, CIA, Jalandhar conducted raid and both persons named above travelling in canter were intercepted at spot. Poppy husk powder contained in 110 bags weighing 25 kg each was recovered from canter. Petitioner was allegedly waiting for arrival of said canter while sitting in his Innova car at some distance from the place of recovery and ultimately, succeeded in fleeing away from spot.

(3.) THE contention of learned counsel for petitioner is that neither petitioner has been arrested at spot nor recovery of poppy husk or any other intoxicant/contraband has been effected either from his possession or at his instance. Mere fact that his name figured in FIR or that he is allegedly engaged in sale of poppy husk does not ipso facto mean that he is in any way connected with alleged recovery of poppy husk from the possession of Hari Shankar and Kallu. Moreover, on the date of alleged recovery and arrest of Hari Shankar and Kallu, petitioner was under treatment at Bajaj Nursing Home Surgical and Laproscopic Centre, Jalalabad (West). While referring to copy of medical certificatecum -discharge slip (Annexure P -1), learned counsel for petitioner canvassed that petitioner was admitted in aforesaid hospital on May 09, 2014 and discharged on May 11, 2014. Subsequent thereto, petitioner was arrested on July 11, 2014, when another case of similar nature was falsely slapped upon him. In fact, on the date and time of his alleged arrest and recovery of poppy husk from his possession, he was present at Service Station and he has already moved an application before Judge, Special Court, Jalandhar to produce CCTV footage of said Service Station to falsify story concocted by police with regard to his alleged arrest and recovery of poppy husk on July 11, 2014. However, he was arrested on July 11, 2014, challan has already been presented, which is likely to take sufficient time for its final disposal. He is ready to abide by all the terms and conditions imposed by the Court, in case, he is granted concession of bail.