RAJVIR SINGH @ RAJU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The question which this court is called upon to consider and decide in this application for bail pending trial is; whether it is the quantity of narcotic drugs and psychotropic substance only or whether it is the total quantity of mixture of narcotic drug and psychotropic substance mixed with any non-psychotropic substance, neutral or otherwise, which is to be taken into consideration for seeing the commercial quantity of the recovered material, as required under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short the NDPS Act )

(2.) This is an application for grant of bail during trial in case FIR No.38 dated 25.05.2017 registered under Section 22 of the NDPS Act registered at Police Station Sadar Banga District SBS Nagar.

(3.) The above said FIR was registered against the petitioner with the allegations that ASI Satnam Singh, of Police Station Sadar Banga, sent an information to the police station for registration of the FIR mentioning the name of the petitioner; alleging therein that the above said ASI along with police party were going towards village Karnana from Banga; on a private vehicle for the purpose of patrolling. When the said ASI along with police officials reached just ahead of T-point; village Bharo Majra; then from the front side, the petitioner was seen coming by the police party. On seeing the police party in uniform, the petitioner, who was holding a bag in his left hand, suddenly turned back and started moving quickly. He went down in the fields. With the help of the accompanying police personnel, the said ASI apprehended the petitioner and inquired about his name and address, which was told by the petitioner as given in the FIR. As per further allegation, the said ASI introduced himself to the petitioner and told that he had a suspicion that there was some intoxicant material in the stringed carry bag held by the petitioner in his hand; and that the petitioner had got a right to get the said stringed bag held by him in his hand searched in the presence of some Magistrate or the Gazetted Officer; for which the said ASI could make the arrangement. However, the petitioner disclosed that there were psychotropic injection in the bag and that he had full faith in the said ASI, and further that he could continue with the search of the petitioner and the gunny bag held by the petitioner in his hand. Thereupon the consent statement of the petitioner was prepared and was signed by the petitioner in English. The said ASI tried to join some public witnesses with the police party. However, every one expressed his inability. Hence, the said ASI, in the presence of accompanying police personnel, got released down the bag from the hands of the petitioner and conducted search of the bag, as per the procedure. During the search, the bag was found containing 60 injections, each measuring 10ml, of make Avil, and 60 injections measuring 2ml each, of Buprenorphine. Accordingly the injections were recovered. Thereafter separate parcels of intoxicant injections of Avil total 60 bottles and another parcel containing 60 injections of Bupronorphine were prepared. The recovered intoxicant injections of Avil and Bupronorphine, along with stringed gunny bag, were taken into possession through separate memos. These memos were signed by the witnesses, who were the accompanying in the police party and, allegedly, by the petitioner. Petitioner failed to produce any licence or permit for keeping the intoxicant injections. Therefore, the ASI came to the conclusion that the petitioner had committed offence punishable under Section 22 of the NDPS Act. Hence, the information was sent to the police station for registration of the case. The said ASI continued with the investigation on the spot, and the State counsel has informed the Court that he was the person who conducted the entire investigation of this Case.