KULDEEP SINGH @ BHOLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall decide two above-cited appeals as both of them arise out of the same FIR No.211 dated 11.12.2013, registered under Sections 27-A and 29 of the NDPS Act, 1985 (hereinafter referred to as 'the Act') and 120-B Penal Code at Police Station Kotwali, Nabha and a common judgment of conviction dated 29.03.2017, passed by the Addl. Sessions Judge, Patiala.

(2.) On 11.12.2013, one Sub-Inspector Darbara Singh was present at the turning point of jail road, Nabha, when he received secret information that the jail inmates of Maximum Security Jail, Nabha, in connivance with certain jail officials were engaging in smuggling of drugs. The money realized from sale of drugs inside the jail premises, is sent out of the jail through special messengers. On that day also, Kuldeep Singh @ Bhola (appellant in CRA-S-1849-SB-2017) was going to send money through Paramjit Singh @ Pammi (appellant in CRA-S-1919-SB2017). Consequently, ruqa was sent to the police station and FIR was registered. Sub-Inspector Darbara Singh with his police party reached the gate of Maximum Security Jail, Nabha, where he met ASI-Karam Singh and others, who also joined the police party. One person was seen coming out from the jail and was intercepted by the police and he revealed his name as Paramjit Singh @ Pammi. His search led to recovery of a sum of Rs.39,000.00. During the interrogation, Paramjit Singh @ Pammi revealed that he had received a telephonic call from Kuldeep Singh @ Bhola to reach the jail premises at 3.00 p.m. He was also told that either Kuldeep Singh @ Bhola or the Deputy Superintendent Jail would call him, whereafter, he should enter the jail. He came to the jail alongwith one Chand Singh and before entering the jail premises, he handed over his mobile phone to said Chand Singh. After entering the gate of the jail, he was sent to the office of Deputy Superintendent Jail, where he met Kuldeep Singh @ Bhola and the Deputy Superintendent Jail. Kuldeep Singh @ Bhola handed over a sum of Rs.39,000.00 with which he came out. He was not checked while coming out.

(3.) Arrest memo and personal search memo were prepared. The personal search did not lead to recovery of any drugs. An application was submitted by the Investigating Officer, viz. Sub-Inspector Darbara Singh for obtaining CCTV footage of the jail, names of the official(s) on duty as well as the meeting register. Call detail records of the mobile phones allegedly used by Kuldeep Singh @ Bhola and Paramjit Singh @ Pammi were also sought. During investigation, Kuldeep Singh @ Bhola gave names of persons, who brought smack into the jail premises. He also named jail inmates, who were addicts. It was admitted by him that he had handed over Rs.39,000.00 to Paramjit Singh @ Pammi. The persons named by Kuldeep Singh @ Bhola for bringing drugs inside the jail premises were Bahadur Khan, Kuldeep Singh @ Keepa and Amrik Singh. The jail inmates, who used to buy the drugs were named as Ashish, Bittu, Rinku, Mintu, Sukhi, Baba, Bhanu, Joggi, Bhalwan, Monnu, Satta, Deppu etc.. Aforementioned Bahadur Khan, Kuldeep Singh @ Keepa, Amrik Singh and Baljit Singh (Deputy Superintendent Jail) were also nominated as accused.