SURINDER PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer in the present petition under Sec. 482 Cr.P.C. is for quashing of FIR No.43 dtd. 2/6/2013 (Annexure P-1) registered under Ss. 15/61/85 of NDPS Act (Sec. 25 of NDPS Act and Ss. 420, 411, 482, 120-B IPC added later on) at Police Station Nurmahal, District Jalandhar, supplementary challan filed against the petitioner (Annexure P-9) and all subsequent proceedings arising therefrom.

(2.) The brief facts of the case are that the aforementioned FIR No.43 dtd. 2/6/2013 under Ss. 15/61/85 of NDPS Act (Sec. 25 of NDPS Act and Ss. 420, 411, 482, 120-B IPC added later on) Police Station Nurmahal, District Jalandhar was lodged by the police with the allegations that two co-accused namely, Kikkar Singh S/o Banta Singh and Joginder Singh @ Ginda @ Binder Singh S/o Satnam Singh were transporting five bags of poppy husk in a Maruti Car bearing No.PB10-AK-0203 and on seeing the police party, they fled away from the spot after leaving the car as also the contraband which on search was found to be five bags of poppy husk of 30 Kgs each totaling 150 kgs. The petitioner is neither named in the FIR nor identified as having fled the spot as per HC Shamsher Singh part of the police party. The copy of the FIR No.43 dtd. 2/6/2013 under Ss. 15/61/85 of NDPS Act (Sec. 25 of NDPS Act and Ss. 420, 411, 482, 120-B IPC added later on) Police Station Nurmahal, District Jalandhar is attached as Annexure P-1 to the petition.

(3.) Later, the two named accused i.e. Kikkar Singh S/o Banta Singh and Joginder Singh @ Ginda @ Binder Singh S/o Satnam Singh came to be arrested.