SACHIN SARDANA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks his release on regular bail in FIR No.69 dated 16.04.2013 registered U/S 22/25-A/27A/29/61/85 of NDPS Act, 420,467,468,471 IPC at Police State Fatehgarh Sahib.

(2.) As per the allegations contained in the FIR, the police party led by Inspector Davinder Kumar was patrolling near Tpoint, Saddo Majra, District Fatehgarh Sahib. A Qualis vehicle of white colour bearing Regd. No.PB-05-K-7070 came from the side of Village Kotla Bhai, which was stopped at the barrier. It was being driven by a young man who disclosed his name as Davinder Singh @ Happy s/o Baljit Singh. Search was conducted and 81/2 kg ephedrine was recovered from a polythene envelope lying in the trunk of the vehicle. Davinder Singh was arrested and during interrogation, more incriminating material was recovered from him. It was revealed that Davinder Singh @ Happy was actually the driver of Jagdish Singh @ Bhola who is stated to be the kingpin of drug mafia. Jagdish Singh @ Bhola was also later on arrested and during his interrogation on 02.12.2013, Bhola is said to have disclosed names of various associates like Dev Raj @ Dev Behal r/o Delhi, Chuni Lal Gaba etc. It appears that Chuni Lal Gaba made a confessional statement attributing the active role of Manager of their factory Suresh Kumar s/o Ram Lubhaya, who was arrested on 07.12.2013. He was interrogated on the same day and is said to have named Davinder Kant Sharma. Dev Raj @ Dev Behal was arrested on 07.12.2013 and during his interrogation he allegedly named Davinder Kant Sharma proprietor of Patli Dabur Healthcare Pharmaceutical Unit. Davinder Kant Sharma was also arrested and during interrogation on 24.06.2014, he is said to have mentioned the petitioner's name. Arrest warrants were thus obtained against the petitioner and he was arrested on 28.06.2014 from Delhi. The petitioner has been admittedly running a chemist shop at Rishi Nagar, Shakur Basti, Delhi. It appears from the contents of the report filed under Section 173 CrPC that Davinder Kant Sharma used to supply pseudoephedrine to the petitioner.

(3.) The petitioner is alleged to have made a disclosure statement on 30.06.2014 and got recovered 1kg narcotic powder and 5kg pseudoephedrine "from Sitara Dhaba near Karnal". The witnesses of the recovery are two Head Constables Amarjit Singh and Harphool Singh of Police Station Kotwali Nabha. The intoxicant powder claimed to have been recovered at the instance of the petitioner contained 89.82% Diphenoxylate hydrochloride.