JAGDISH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for quashing of the order dated 10.05.2017 (Annexure P11), passed by Judge, Special Court, Jalandhar, vide which an application filed by the prosecution under Section 193 Cr.P.C. was allowed and the petitioner was summoned as an accused in FIR No.12 dated 01.02.2013, under Sections 22/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short, "NDPS Act"), as well as for quashing of the order dated 01.06.2017 (Annexure P12), vide which the proclamation under Sections 82 of the Code of Criminal Procedure (for short, "Cr.P.C.), was initiated against the petitioner.

(2.) While issuing notice of motion, on 03.07.2017, the operation of the impugned order dated 10.05.2017 was stayed.

(3.) Learned counsel for the petitioner submits that the petitioner was working as a driver in United Arab Emirates (UAE) and was holding residenceship of UAE. It is further submitted that as per the allegations in the FIR (Annexure P2), it is alleged that on 01.02.2013, the police party was present near Naugajja gate on patrolling duty, when one motorcycle bearing No.PB-08-CD-1334, driven by a clean shaven young man was seen coming from opposite side and was signalled to stop. The driver tried to take a UTurn, but was over powered by the police officials and on inquiry, he disclosed his name as Jagdish Singh @ Jaggi and thereafter, on suspicion, he was given a notice under Section 50 of the NDPS Act, for being searched by the Investigating Officer or by some Gazetted Officer or by a Magistrate, to which he opted to be searched by the Investigating Officer. On search, intoxicant powder was recovered from a polythene envelop out of which samples were drawn and thereafter, on completion of the investigation, the accused was formally arrested.