LAWS(P&H)-2016-3-39

DAVINDER KANT SHARMA Vs. STATE OF PUNJAB

Decided On March 16, 2016
Davinder Kant Sharma Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This is the third petition moved by the petitioner for his enlargement on bail in the case 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 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 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. Chuni Lal Gaba appears to have made a confessional statement regarding the active role of the 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 also during his interrogation named the petitioner -Davinder Kant Sharma - who is the proprietor of 'Patli Dabur Healthcare Pharmaceutical Unit' at Village Oail, District Una (HP).

(3.) The petitioner was declared proclaimed offender on 22.05.2014 as he was evading arrest but soon thereafter was arrested on 24.06.2014. It is alleged that he got recovered 8,15,900 tablets containing Pseudoephedrine and Triprolidine from his factory/licensed premises on 26.06.2014.