GURNAM SINGH ALIAS GAGAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner prays for grant of regular bail in FIR No.100 dated 14.08.2013 for offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the Act') registered in Police Station Sarhali, District Tarn Taran.

(2.) AS per allegations set up in the FIR, a secret information was received by the police party headed by Inderjit Singh Inspector, Incharge CIA Staff Tarn Taran that Gurnam Singh @ Gagan son of Surjan Singh (petitioner), Hanspreet Singh @ Hans and Sukhdev Singh, non -applicants had formed a gang for selling intoxicating substances. They are coming with huge quantity of heroin in Indica Vista Car No.PB -10 -DP1531 from Harike towards Amritsar and can be caught. Ruqa was sent to the police station on the basis whereof, FIR was registered. DSP(D) Tarn Taran Sh.Jaswant Singh was telephonically informed. Naka was laid to nab the culprits and the aforesaid car was intercepted. The aforesaid three persons were sitting in the car and after compliance with the provisions of Section 50 of the Act, search of Gurnam Singh led to recovery of 330 grams of heroin from right pocket of the pants worn by him. Separate recoveries are effected from the co -accused Hanspreet Singh and Sukhdev Singh and details thereof are not relevant for disposal of the present petition.

(3.) COUNSEL for the petitioner contends that alleged recovery was effected from personal search of the accused and the provisions of Section 50 of the Act have not been complied with. For this purpose, it is argued that DSP Jaswant Singh,a gazetted officer was already part of raiding team. The entire investigation from receipt of secret information till finalisation of the investigation was conducted by Inspector Inderjit Singh and thus investigation is ex facie unfair. In support of his contention, he has referred to State by Inspector of Police, Narcotic Intelligence Bureau, Madurai, Tamil Nadu Vs. Rajangam, 2010 15 SCC 369.