TEJINDER SINGH @ MANTU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a Criminal Miscellaneous Petition filed by Tejinder Singh alias Mantu whereby he has claimed bail in case FIR No. 128 dated August 29, 1998 registered under Sections 22/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Jhabal.

(2.) THE prosecution story, in brief, is that on August 29, 1998, A.S.I. Sucha Singh was present at bus stand of village Moose laying special Nakabandi alongwith H.C. Manjinder Singh, Constables Des Raj, Kanwaljit Singh and Rajiv Kumar etc. A special informer came and informed him that a person was coming on a scooter bearing registration No. PB-02P-0858 from Amritsar side towards Bhikhiwind and that he was carrying narcotic injections in heavy quantity with him. He further informed that if the scooter was stopped and checked, Morphine Injections in heavy quantity could be recovered. After some time Tejinder Singh alias Mantu petitioner was seen coming on a scooter bearing the aforesaid registration number from Amritsar side. He was signalled to stop and he stopped. At the outset, ASI Sucha Singh told him that he had suspicion that he was carrying Narcotic Injections in the scooter and that he would search that scooter. He further told the petitioner that if he wanted he could taken to a Gazetted Officer or a Magistrate for search of scooter. Tejinder Singh alias Mantu replied that scooter be searched in the presence of a Gazetted Officer. The statement of the petitioner was recorded signifying his option in favour of search before a Gazetted Officer. In the meantime, Balwant Singh came to the spot. He was also joined. Wireless message was flashed to Shri Nishan Singh, Deputy Superintendent of Police, Tarn Taran. He accordingly reached the spot. Deputy Superintendent of Police Nishan Singh told the petitioner that he was D.S.P. Tarn Taran/Gazetted Officer and whether he was opting for search of the scooter in his presence. Tejinder Singh alias Mantu at once replied that he had recognised him and that he wanted search to be conducted in his presence. Another consent memo was prepared. From the glazed paper 16 small boxes carrying 50 Morphine Injections each without label were recovered from the basket of the scooter.

(3.) WITHOUT going deep into the submissions of the learned Counsel whether the Morphine Injections would fall or would not fall within the ambit of Narcotic Drugs and Psychotropic Substances Act, 1985, I feel that bail should be allowed to be petitioner, particularly when he is a licensed Chemist. So, bail is allowed to the petitioner to the satisfaction of Chief Judicial Magistrate, Amritsar.