GURINDER SINGH @ GINDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition under Section 438 Cr.P.C. for pre-arrest bail has been filed by the petitioner - Gurinder Singh @ Gindi, an accused in FIR No.17 dated 27.2.2015 for the offences under Sections 21 and 29 NDPS Act, registered with Police Station Maqboolpura, Amritsar.

(2.) Briefly stated, the facts of the case as per prosecution version are that on 27.2.2015, a police party led by SI Kuldeep Singh was on patrol and checking duty. During the course of checking of private vehicles on the basis of secret information that car JK-02-F-1320 BMW white in colour using fake registration number was coming from the side 1 of 8 of flats of Improvement trust towards Telephone Exchange side use for carriage of contraband, the car was intercepted. It was having four boys with short hair besides a turbaned person. The driver of the car told his name as Surinder Kumar alias Titu son of Darshan Singh, Caste Jatt, resident of City Enclave, Jagraon and the turbaned person sitting on the front seat told his name as Santokh Singh son of Sampuran Singh, Caste Jatt, resident of village Durgapur, Police Station Sarhali, District Tarn Taran. The persons who were sitting on the rear seat disclosed their identities as Sunny Sharma son of Sarfu Ram, Caste Mehra, resident of Ward No.2 village Khera, Police Station Tehsil Akhnoor, State District Jammu, other as Sanjay Kumar alias Sanju son of Sarfoo Ram, Caste Mehra, resident of Ward No.2, village Khera, Police Station/Tehsil Akhnoor, State District Jammu, third one as Shahjada Alam son of Meth Afsaal, Caste Muslim, resident of village Mohmmad Dava Khana, village Sitta, State Bihar, at that time in Jammu Kashmir. As desired by such persons on being asked search of the car was conducted in presence of Sh.Harpreet Singh Dhaliwal, ACP(Crime). A plastic bag was recovered from the right pocket of jacket of driver Surinder Kumar alias Titu, which was found to contain heroin. Sample of 10 gms. was taken out of it and put in a plastic container. It was converted into a parcel. The remaining contents on being weighed came out to 990 gms., which were put in the same bag and then put in a plastic container. Parcels of the sample and the bulk were prepared, which were sealed with the seal of Investigating Officer having impression 'KS' and that of ACP(Crime) having inscription 'HS'. On personal search of such accused, Rs.2 lacs of Indian currency 2 of 8 were recovered which were also converted into a sealed parcel, then the case property was taken into possession. From the personal search of Santokh Singh, heroin was recovered out of which sample of 10 gms. was taken and remaining on being weighed came out to 1 kg. Those were converted into sealed parcels and taken into possession. Currency notes worth Rs.3 lacs were also recovered from him. From Sunny Kumar 990 gms. of heroin was recovered, out of which sample was taken out and sample and bulk were converted into sealed parcels. Rs.2 lacs currency notes were also recovered from him. Nothing was recovered from the personal search of Shahjada Alam and Sanjay Kumar. Accused were arrested in this case. Formal FIR was got recorded.

(3.) The case was investigated, during the course of which it came out that such persons were part of international gang, who acquire contraband from smugglers of Pakistan and then sell it in different cities of India. Indian currency of Rs.7 lacs recovered from them had been earned by them by selling the contraband. The car in which such persons were travelling was found to have fake number plate carrying No.JK-02-F-1320 whose actual number was PB-46-L-0003. When the case was investigated and accused were interrogated, names of various persons including Ashish Kandhari, Ved Parkash and Mandeep Singh @ Netarpal cropped up being part of drug syndicates. It was further transpired that currency of Rs.7 lacs so recovered had been paid by Mandeep Singh to them in lieu of heroin supplied through him and Rs.7 lacs were to be paid to Ashish Kandhari though on the basis of inquiry by ADCP City-1, Amritsar, Ashish Kandhari was found to be innocent and he was got 3 of 8 discharged. Mandeep Singh alias Netarpal was arrested in this case on 28.5.2015 and R.C. of car BMW No.PB-46-L-0003 was recovered from him, in that way, he was owner of the car.