SATINDER DHAMA @ SATENDER DHAMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of CRM-M Nos.10674 & 17138 of 2015 as some of legal issues and the facts of both the cases are inter-linked. For clarity, the facts are noticed separately.

(2.) In this petition under Section 482 CrPC, the petitioner seeks quashing of criminal proceedings initiated against him pursuant to FIR No.45 dated 03.03.2013, U/S 18/21/22/25-A/27- A/29 of NDPS Act and 25/54/59 of Arms Act, 420/465/468/471/120- B IPC, registered at Police Station Fatehgarh Sahib, District Fatehgarh Sahib including the orders dated 16.08.2013 (P2 & P3) whereby the Special Court declined the petitioner's application for his discharge and has framed charges against him.

(3.) As per the allegations contained in the FIR, the police party was patrolling near T-point in the area of village Mandofal. At about 1.40 pm one Innova car bearing regd. No.PB-08-BM-1626 colour metallic came from Mandofal side and on suspicion, search was conducted in the presence of Gazetted Officer, namely, Arshdeep Singh Gill, DSP(D) who was called at the spot and a large quantity of illicit drugs including heroin was recovered from the possession of Kulwinder Singh @ Rocky s/o Kuldeep Singh, who was driving the car and another occupant Anoop Singh Kahlon a NRI. A brief-case lying in the car was also opened and a sum of Rs. 8,94.800/- Indian currency, 77 Canadian dollars of denomination of 100, 20 Canadian dollars of denomination of 50 and some US Dollars, 5 English Pound, .32 bore revolver with 4 live cartridges, were recovered. The Canadian Passport of Anoop Singh Kahlon, ATM cards of different Banks, SIM cards etc. were also recovered.