NARINDER SINGH Vs. UNION TERRITORY

JUDGEMENT

(1.) Applicant-accused Narinder Singh filed an application under Ss. 190/193 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) read with Sec. 36-A(1)(d) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and Sec. 319(1)(3) Cr.P.C. and all other enabling provisions including suo moto powers vested in the Court to summon (a) Bhagwan Singh son of Naryan Singh and (b) Sukhbir Singh Shergill son of Kartar Singh as additional accused. The said application has been dismissed vide order dtd. 31/5/2018 passed by the Additional Sessions Judge, Chandigarh.

(2.) FIR No. 83 dtd. 16/6/2016 was registered at Police Station Maloya, Chandigarh, under Ss. 18, 29 of the Act and Ss. 489-C, 201, 212 read with Sec. 120-B IPC because the police had set up naka on the basis of information that vehicle No. CH-01 AE-0224 of blue colour was approaching from Sector 38 West, light point and going towards DMC Colony carrying intoxicant substance i.e. opium. The said vehicle was intercepted and the driver disclosed his name as Bhagwan Singh son of Naryan Singh. The car was searched in the presence of a Gazetted Officer and a black coloured bag was found on the seat adjoining the driver's seat which contained files. These files concealed 2.6 Kg opium. The driver could not produce any licence or permit for the said opium. On the back seat of the car another thick file cover was found which contained seven bundles of currency notes totalling Rs.15.00 lacs. The opium, currency notes and the car were taken into possession vide separate memos. Bhagwan Singh son of Naryan Singh was arrested.

(3.) After investigation, challan under Sec. 173(2) Cr.P.C. was presented in Court. Bhagwan Singh son of Naryan Singh was got released from custody on 18/7/2016 as after investigation it was found that he was innocent. According to the challan, Narinder Singh (petitioner) and Navjot Singh Dhaliwal in conspiracy with the other accused persons conveyed to Sukhbir Singh Shergill that certain material would be made available to him, which would help him in his litigation with J.S. Dhaliwal father of Navjot Singh Dhaliwal and, accordingly, Bhagwan Singh was sent by Sukhbir Singh Shergill to collect the material. One lady placed files in the car of Bhagwan Singh. The said files contained counterfeit currency and opium. All this was done under a conspiracy to frame Sukhbir Singh Dhaliwal.