NARINDER SINGH Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) This is the third petition filed by the petitioner seeking regular bail. The first petition for regular bail was rejected by the Additional Sessions Judge, Chandigarh vide order dated 01.12.2016. Thereafter, the petitioner approached this Court but met with failure as this Court vide order dated 26.07.2017, refused to grant any indulgence. Special Leave Petition was also rejected vide order dated 07.09.2017. Thereafter, the petitioner moved this Court directly but was permitted to withdraw the said petition vide order dated 06.02.2018. Yet another attempt to get regular bail was made by the petitioner by approaching the learned Additional Sessions Judge, Chandigarh but the same met with failure as the petition was declined vide order dated 13.03.2018. The present petition has been preferred after the learned Additional Sessions Judge, Chandigarh has declined to grant any indulgence.

(2.) A Naka was set up by the SHO of Police Station Maloya, U.T.,Chandigarh on 16.06.2016 about 200 meters ahead of Karan Taxi Stand, Sector 38 West, Chandigarh because information had been received by him that a blue colorued Maruti car would be coming from Sector 38 West light point towards DMC Colony and the same would be carrying opium. At about 11:00 A.M. the said car was intercepted and search was carried out in the presence of SP(South) Sh. Navdeep Singh Brar. The search led to recovery of 6 kilograms of opium hidden in a cavity cut in papers kept in a file cover. Forged currency notes worth Rs. 14.99 lacs, concealed in a similar manner, were also recovered. The person driving the car was identified as Bhagwan Singh son of Narayan Singh, and he was taken into custody. FIR No.83, dated 16.06.2016 was registered.

(3.) On the disclosure statement of aforementioned Bhagwan Singh, it came to light that he was an employee of Sukhbir Singh Shergill. Said Sukhbir Singh Shergill had entrusted him the task of collecting files from a person known as Bhinder, who was to meet him at Dhillon light point. This information was communicated on the basis of information supplied by one Mr. Bansal, who had contacted Sukhbir Singh Shergill from abroad and had told him that he would provide him with evidence against Navjot Singh Dhaliwal, a person whose father was in a dispute with Sukhbir Singh Shergill regarding the management of an institution in Mohali. The person called Bhinder did not met Bhagwan Singh at Dhillon light point and Mr. Bansal directed Bhagwan Singh to go to Shakti Bhawan in Sector 6, Panchkula. At this location one lady by the name of Lovepreet Kaur met Bhagwan Singh and she placed a bundle of files in his car and also made him talk to Bhinder who asked Bhagwan Singh to come to Sector 40, Chandigarh along with the files. Sukhbir Singh Shergill was made to join investigation and he corroborated the statement of Bhagwan Singh.