AVTAR SINGH @ TARA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an application for bail under Section 439 of the Code of Criminal Procedure filed by Avtar Singh alias Tara, Petitioner in case registered against him vide First Information Report No. 133 dated August 27, 2005, under Section 18 of the Narcotic Drugs Psychotropic Substances Act, 1985 (for short "NDPS Act") at Police Station Sardulgarh, District Mansa.

(2.) THE story of the prosecution is that on August 27, 2005 Bhupinder Singh, Station House Officer along with other Police officials was present at Sirsa crossing T. Point Sardulgarh in connection with general crime checking. He received secret information that accused -Petitioner along with his co -accused Baldev Singh brought opium in truck No. PCL -9967 and would sell the same at Truck Union, Sardulgarh. Information was sent to the Police Station Sardulgarh. Nakabandi was picketed on the gate of Truck Union, Sardulgarh. Deputy Superintendent of Police also reached the spot and joined the Police party headed by Bhupender Singh. Surjit Singh came and informed that Petitioner and Baldev Singh had brought the truck No. PCL -9967 and had parked the same under a Kikar tree behind the truck union. The police reached the spot and found the truck parked there. The Petitioner and his co -accused were not found nearby the truck. Truck was subjected to search. It was found that in the tool -box under the rear seat, opium wrapped in a polythene paper was kept in a plastic bag. On weighment it was found to be 12 Kgs. The opium was taken into possession. The entire proceedings were attested by the DSP. Search for the accused was made. Both of them were apprehended near the bridge on Sadhuwala, Sardulgarh Road on the same day. Accordingly, they were arrested.

(3.) AGAINST this, the learned State counsel has strenuously urged that it cannot be said that the accused was not apprehended on the spot because prior to the seizure of the truck, the Station House Officer had received the information that the Petitioner and his co -accused Baldev Singh were coming in truck No. PCL -9967 carrying huge quantity of opium and the information of receipt of information mentioning the name of the Petitioner and his co - accused and the truck was sent to the Police Station on the basis of which Daily Diary Report was registered. If the case, as alleged by the learned Counsel for the Petitioner, was to be foisted upon the Petitioner, in that eventuality question of recording of DDR before actual apprehension of the truck would not have arisen. It was further urged by the learned State counsel that accused has a criminal background and facing number of criminal trials viz. (1) FIR No. 22 dated February 01, 1992, under Sections 279/336 IPC, P.S. Wadha Gurdha (Haryana), (2) FIR No. 56 dated January 17, 1992 under Sections 326/324/34 IPC, P.S. Sardulgarh, (3) FIR No. 51 dated April 30, 2001, under Section 61 Excise Act, P.S. Sardulgarh and (4) FIR No. 72 dated April 21, 2005 under Section 61 of Excise Act, Police Station, Sardulgarh. Lastly it was prayed that accused -Petitioner should not be allowed bail.