DAVINDER KANT SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has moved this second petition seeking his enlargement on bail in FIR No. 69 dated 16.04.2013 registered U/S. 22/25 -A/27 A/29/61/85 of N.D.P.S. Act, 420, 467, 468, 471 IPC at Police State Fatehgarh Sahib. Though the petitioner has prayed for statutory bail under Section 167(2) CrPC but during the course of hearing, the matter was argued on merits only.

(2.) AS per the allegations contained in the FIR, the police party led by Inspector Davinder Kumar was patrolling near T -point, 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 8 1/2 kg ephedrine was recovered from a polythene envelope lying in the trunk of the vehicle. Davinder Singh was arrested and during interrogation, some 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 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 on 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 the petitioner. Similarly, Dev Raj @ Dev Behal who was arrested on 07.12.2013 too during interrogation allegedly named the petitioner -Davinder Kant Sharma - proprietor of Patli Dabur Healthcare Pharmaceutical Unit.

(3.) THE petitioner had earlier approached this Court for grant of regular bail in CRM -M -31348 -2014 but the same was dismissed on 17.12.2014.