GURCHARAN SINGH @ GOGGI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner prays for anticipatory bail in FIR No.49 dated 22.05.2014, under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act') and Sec. 25 of the Arms Act, 1959, registered at police station Mehna, District Moga.

(2.) As per prosecution version, SHO Police Station Mehna had informed ASI Sukhjinder Singh to conduct a search of the residential house of Balram Singh on receiving instructions on telephone from Deputy Superintendent of Police, Dharamkot. Balram Singh son of Mohinder Singh appeared before ASI Sukhjinder Singh on 22.05.2014 and made a statement to the effect that an unclaimed envelope containing some suspicious material was lying atop the roof of bathroom constructed by him in his residential house. ASI Sukhjinder Singh alongwith others reached the house of Balram Singh and checked the said envelope lying atop the roof of bathroom of the house of Balram Singh. It led to recovery of a country-made pistol and narcotics. The abovesaid FIR No.49 dated 22.05.2014 was registered. Statement of one Hardev Singh was recorded on 25.05.2014 under Sec. 161 Crimial P.C. to the effect that he had seen the petitioner and one Kashmir Singh while placing the said envelope atop the roof of bathroom of the residential house of Balram Singh. The said statement under Sec. 161 Crimial P.C. was not only having the stamp of the Police Station but also signatures of Hardev Singh.

(3.) This Court while expressing its displeasure in the manner in which the case had been dealt with initially and investigated by the police, asked the Senior Superintendent of Police, Moga to remain present in Court. Direction was issued for setting up of a Special Investigation Team to conduct a detailed and thorough investigation and take the matter to its logical end. Special Investigation Team was constituted and investigation of the matter was being conducted by SI Jagtar Singh under the supervision of Rachhpal Singh, Deputy Superintendent of Police, Dharamkot. However, it is informed that now the matter is being investigated by Inspector Gurwinder Singh under the supervision of Gurbinder Singh, DSP Dharamkot. The earlier incumbents stands transferred. Investigation of the case is pending with the Special