HANS RAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners namely Hans Raj Singh @ Hans Raj and Deepak Kumar Kumar, pray for grant of anticipatory bail under Section 438 of the Code of Criminal Procedure (in short ' Cr.P.C .') in FIR No.126 dated 01.08.2019, for offence punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short 'the NDPS Act ') registered at Police Station Sadar Kapurthala, District Kapurthala.

(2.) Counsel for the petitioner - Deepak Kumar Kumar (in CRM-M No.46971 of 2019) has argued that as per the allegations in the FIR, on 01.08.2019, a car i20 was parked near a police barrier and Constable Vikram identified the persons sitting in that car as Rajbir Singh, Sukhjiwan Singh sons of Balwant Singh resident of Latianwal, Lovepreet Singh @ Lovely son of Gurcharan Singh resident of Shanchan and Hans Raj (co-petitioner) son of Dara Singh, Dilbag Singh son of Balwinder Singh, resident of Latianwal Police Station Sultanpur Lodhi and on seeing the police party, they got perplexed and ran away from the spot and the said car was driven by Rajbir Singh. Thereafter, a person was got down from an Auto and he was apprehended by the police and he informed his name as Kapil Arora son of Manohar Lal Arora resident of New Delhi and on suspicion, he was apprehended and then, an information was sent to the Police Station for sending an Investigating Officer. Upon this, the second Investigating Officer came at the spot and upon verification again, found that the name of the person apprehended is Kapil Arora. Thereafter, an information was sent to the Deputy Superintendent of Police, Sub-Division Kapurthala, being a Gazetted Officer for conducting the search and in his presence, 05 Kgs of Heroin was recovered from Kapil Arora.

(3.) Counsel for the petitioner has further submitted that the petitioner is named in the FIR only because he is the brother-in-law of Kapil Arora.