GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Fir No. 538 dated 31.03.2007 came to be registered at Police Station 'A' Division Amritsar, under Sections 21, 25, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'). This was registered because Inspector Balbir Singh of Special Narcotic Cell, Punjab, Amritsar, received secret information in his office that the accused persons are involved in the trade of drugs from Jammu, Ferozepur, Amritsar Border and the same are delivered in Amritsar and Delhi. The accused persons names were Balwinder Singh and Dilbagh Singh and the information was that they are present near Sangam Cinema in a Maruti Wagon R car and raid should be conducted. Inspector Balbir Singh brought this information to the notice of Sh. Makhan Singh, Senior Superintendent of Police, Special Narcotic Cell, Amritsar, who directed him to carry out a raid at once. A raid was carried out and Balwinder Singh and Dilbagh Singh were apprehended at the spot. One independent witness Taptej Singh was associated with the search and the same was conducted in the presence of a Gazetted Officer. The search yielded ten packets of Heroin from a bag in possession of Balwinder Singh @ Jagjit Singh @ Jaggi, each of one Kg with a stamp of Pak Afghan Limited. Two packets of Heroin of one Kg each were recovered from a bag being carried by Dilbagh Singh @ Bagga and six packets of Heroin of one Kg each, were recovered from Wagon R car. Thus, a total of 18 Kgs of Heroin was recovered. Necessary samples, were taken and sealed and the seized drugs, were converted into parcels and sealed.

(2.) Balwinder Singh @ Jagjit Singh @ Jaggi managed to escape from judicial custody and was declared proclaimed offender.

(3.) The investigation of the case revealed that the Maruti Wagon R car was owned by the appellant. He was lodged in Tihar Jail, New Delhi at that time and was formally arrested in this case after being produced on production warrants.