SUNIL SHARMA @ SUNIL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition filed by the petitioner under Sec. 482 Cr.P.C, seeking quashing of FIR No.12 dtd. 12/1/2017, registered under Ss. 18 and 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as "the NDPS Act'), registered at Police Station Sadar, Amritsar, along with subsequent proceedings arising therefrom.

(2.) As per allegations in the FIR, on 11/1/2017, Inspector Palwinder Singh along with police officials was present at Bus Stand Batala Road when he received secret information that one Balwant Singh owns a house in Parkash Vihar which has been given on rent to Sanjay Kumar and Ajay Kumar- petitioners who are residents of Shastri Nagar, Lawrence Road. Both of them own one shop in the name of "SA Medicine Centre" at Farid Chowk and they have kept huge quantity of intoxicating medicines in the said house taken on rent. In case, a raid is conducted, huge quantity of contraband can be recovered. Thereafter, a raid was conducted in the said house where two clean shaven persons were found present and one of them escaped on seeing the police party while one person namely Sunil Sharma (petitioner) was apprehended. He told the name of the other person who had absconded as Ajay Kumar. Many boxes were found lying and on checking, two lakh tablets of different pharma companies in the name of Kamini Vidrawan Ras were recovered which were sealed and taken into possession after drawing the samples. Accused Ajay Kumar and Sanjay Kumar were also arrested and after completion of investigation, final report under Sec. 173 Cr.P.C was presented for trial of the accused.

(3.) I have heard learned counsel for the parties and have perused the material placed on record.