VISHAN SINGH 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.') for grant of bail, pending trial, to the petitioner in case FIR No.49 dated 02.07.2018, under Sections 22, 29 of the Narcotic Drugs and Psychotropic Substances Act (No.61 of 1985), registered at Police Station GRP, District Patiala.

(2.) The case of the prosecution is that on 02.07.2018, police party led by Sub Inspector Narotam Singh, Police Station Govt. Railway Police, Patiala was on checking at Platform No.1 of Railway Station Patiala, where, Inspector Gursewak Singh informed that he has received a message on his mobile phone from RPF Ambala Cantt. Security Control Room that RPF Escort Party has found two unclaimed cartons in AC Coach B-3 of train number 14888 Badmer-Haridwar. The said train reached at platform No.1 of Patiala Railway Station from Dhuri side at about 2:55 AM and RPF Constable Sawaranjit Singh along with attendant of AC Coach, namely, Bajrang Acharya removed two cartons, wrapped in white plastic sacs, from the train and presented the same to him. Both were joined by the police party and when train halted at Lalgarh Station, two persons, namely, Jaggar Singh and Karamdeen Mehar, accompanied by two others, came there and one of them, who boarded the train, told the attendant that they have general category ticket from Lalgarh to Barnala and the general coaches were overcrowded, therefore, their parcels could not be accommodated there. Thus, they made a request that parcels be kept in AC Coach and the same would be taken when the train reaches at Barnala. Attendant sympathized with the old man, kept the parcels in the AC Coach, got his mobile number 88754-51979 and they remained in touch through mobile numbers 74538- 00042 and 70097-22965. When the train stopped at Barnala Station, two persons came to the Attendant, but at that time, RPF personnel was standing, therefore, on noticing him, they turned back. After moving the train, they called the attendant on the phone and stated that bring down the parcels at Patiala Station and they will reached there by car. Police party along with attendant Bajrang Acharya waited for them (accused persons) and at about 7:00 AM, three persons came in white Datsun Car bearing registration number PB-19P-9318 and took both parcels from the railway attendant and put the same in their Car. Police party, got suspicious, stopped them and asked to come out of the Car for their verification. The person, who was on the driver seat, disclosed his name as Satish Kumar and another sitting beside the driver disclosed himself as Karamdeen Mehar. The third one, sitting on the rear seat with the parcel, disclosed his name as Jaggar Singh. SI/SHO Narotam Singh disclosed his identity to all the accused for conducting their search in the presence of Magistrate or Gazetted Officer, which they consented. Consequently, Balraj Singh, PPS, S.P. (Investigation), GRP, Punjab, Patiala was requested on his mobile and apprised about the case to reach at the spot. In his presence, recovery of the following contraband was effected from the above accused persons:-

(3.) Petitioner was nominated in this case on the basis of disclosure statement of co-accused, namely, Satish Kumar and he was arrested on 07.07.2018 and huge quantity of contraband was recovered on the basis of his disclosure statement also.