GURPREET SINGH @ GOPI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed under Section 439 of the Code of Criminal Procedure, (for short 'Cr.P.C.') seeking bail pending trial in case FIR No. 74 dated 13.07.2019, under Sections 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short 'the Act') registered at Police Station Khilchian, District Amritsar Rural.

(2.) Above FIR was registered with the allegations that on 13.07.2019, ASI Surjit Singh, No.592, along with other police officials were on patrolling duty, then one clean shaven young man was seen 'coming from Village Bhindar side and he was carrying some heavy item in his right hand wrapped in a polythene. Upon seeing the police party, he abruptly turned back and tried to throw the polythene near the bushes, but was apprehended by ASI Surjit Singh with the help of fellow police personnels. On asking, the suspect disclosed his name as Mandeep Singh @ Manna son of Didar Singh, resident of Village Nijjar and stated that there are intoxicating tablets in the polythene which he purchased from Amritsar. Since ASI Surjit Singh was not having the substantive rank of ASI, thus, could not conduct the search under the Act, therefore, he informed the Police Station, Khilchian at 05.50 PM to send some competent police officer, who can proceed with the matter. Consequently, SI Sawinder Singh was deputed and he along with police party reached at the spot and DDR No. 24 was recorded to that effect. After reaching on the spot, SI Sawinder Singh, firstly recorded the statement of ASI Surjit Singh, then checked the polythene bag of the accused and found 500 intoxicating tablets containing therein. Accused Mandeep Singh could not produce any license or permit regarding the contraband and thus, the same was taken into police possession after recording the requisite proceedings. During interrogation, said Mandeep Singh @ Manna disclosed that intoxicant tablets were purchased by him from Deep Medical Agency, Katra Sher Singh, Amritsar. After completion of the police proceedings at about 7.30 PM and recording of disclosure made by the accused, SI Sawinder Singh sent a ruqa to the police station for registration of an FIR and on the basis thereof, the above FIR was registered. Thereafter, SI Sawinder Singh informed DSP as well as Amritpal Singh, Drug Inspector, for conducting the raid at the shop of the petitioner from where the accused Mandeep Singh had purchased the contraband. Consequently, on the identification of accused Mandeep Singh, search of Medical Store of the petitioner was conducted by SI Sawinder Singh, in the presence of DSP Gurwinder Singh as well as Amritpal Singh, Drug Inspector. One box of medicines along with empty cartons were found lying outside the Medical Store of the petitioner and upon inquiry, he disclosed that boxes belong to him. On checking, 29 small boxes containing 14,500 intoxicant tablets (Tramadol) were recovered from the shop of the petitioner, but he failed to produce any valid authorization or licence under the Act. Contraband was converted into the parcel and taken into police possession by the Investigating Officer.

(3.) Learned Senior counsel contends that petitioner has been falsely implicated in this case inasmuch as the entire prosecution story is selfcontradictory and suffering from vari ous infirmities which make the entire exercise of recovery, as a bundle of lies. Further contends that as a matter of fact, petitioner is having a valid wholesale licence issued by the competent authority under Rule 63 A of the Drugs and Cosmetics Rules, 1945, for short '1945 Rules' in the name of the firm, i.e. M/s Deep Medical Agencies, Amar Dass Market, Amritsar and thus, he cannot be prosecuted under the provisions of the Act. Again contended that Seizing Officer, exceeded his jurisdiction while conducting the raid at the premises of the petitioner, which concededly situated within the area of a different police station, thus, the entire recovery proceedings are vitiated. On the other hand, learned State counsel submitted that recovery of 14500 tablets of 'Tramadol' have been effected from the petitioner in the presence of a Gazetted Officer as well as Drug Inspector and the same has been declared as 'psychotropic substance' in view of the notification dated 26.04.2018 issued by the Government of India and petitioner has failed to produce any licence or authorization for sale and purchase of the contraband in terms of the Act or Narcotic Drugs and Psychotropic Substances Rules, 1985, for short '1985 Rules', or the State Rules, namely, The Punjab Narcotic Drugs and Psychotropic Substances Rules, 2012. Further submitted that minor typing errors regarding the timings in the affidavit dated 17.10.2019 of the then DSP have been duly explained in the subsequent affidavits of the Inspector/SHO, Police Station, Khilchian as well as of present DSP, Sub Division, Baba Bakala Sahib, dated 04.12.2019 and 09.12.2019, respectively. Also submitted that Investigating Officer had duly intimated the DSP as well as Drug Inspector before search and making the recovery of the contraband from the petitioner, thus, he does not deserve the concession of bail.