AMRITPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.0073, dtd. 9/9/2022, under Ss. 22, 25, 61, 85 of NDPS Act and Sec. 379 of IPC (Sec. 411 IPC added later on), registered at Police Station Jodhan, District Ludhiana Rural, Ludhiana.

(2.) Succinctly, the facts of the case are that the police party while on patrolling on 9/9/2022, received a secret information to the effect that Amritpal Singh, i.e. the petitioner was involved in the business of selling intoxicant tablets. It was informed that he was coming on the stolen motorcycle bearing registration No.PB-10-BY-2113 from village Pakhowal towards Jodhan to sell the intoxicant tablets to his customers and in case of raid, he could be apprehended along with the contraband and the stolen motorcycle. On receiving the secret information, the raiding party was constituted and reached the place as disclosed in the secret information. The person, as disclosed in the secret information, was seen coming on the abovementioned motorcycle, however, on suspicion, he was apprehended by the police party. On asking, he disclosed his name to be Amritpal Singh. He was suspected to be carrying some contraband and thus, his search was conducted. On conducting his search, 100 intoxicant tablets were recovered. He failed to produce any licence regarding the conscious possession of the same, thus, the FIR was registered and he was arrested on the spot and the stolen motorcycle was also taken in the custody. On registration of the FIR, the investigation commenced. The samples taken were sent to the FSL. On receipt of the FSL report, the contraband recovered was found to be weighing 11.3 grams of Etizolam. On completion of the investigation, the challan was presented and on framing of charges, the trial commenced. The petitioner approached the learned trial Court praying for the grant of regular bail and till the receiving of the FSL report, the petitioner was granted the concession of interim bail by the learned trial Court vide order dtd. 31/10/2022, however, on the receipt of the FSL report, the contraband recovered from the petitioner was found to be commercial in nature and thus, his interim bail dtd. 31/10/2022 was cancelled and he was taken into custody vide order dtd. 4/6/2025. Thereafter, the petitioner again approached the Court of learned Judge, Special Court, Ludhiana praying for the grant of regular bail. However, after hearing both the sides and finding no merit in the same, the learned Judge, Special Court, Ludhiana declined the second bail application filed by the petitioner vide order dtd. 8/7/2025. Hence being aggrieved, the petitioner is before this Court praying for the grant of regular bail by way of filing the present petition.

(3.) Learned counsel appearing on behalf of the petitioner has submitted that the petitioner has been falsely implicated in the present case. He has submitted that evidently the case of the prosecution is based on the secret information, however, there is a violation of mandatory provisions of Sec. 42 of NDPS Act. He has submitted that the alleged recovery has been effected from the public place, however, no independent witness has been joined. He has submitted that there is a violation of mandatory provisions of Sec. 50 of NDPS Act as well in conducting the search. To buttress his arguments, learned counsel appearing on behalf of the petitioner has submitted that the petitioner has no criminal antecedents as he has never been involved in any other case. He has submitted that the petitioner is behind bars from last more than 11 months. He has submitted that in the facts and circumstances, the petitioner deserves to be granted regular bail.