DEVINDER SINGH ALIAS BINDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER -Devinder Singh alias Binder has approached this Court under Section 439 of the Code of Criminal Procedure for being released on bail in F.I.R. No. 40 dated 1.4.1998 registered at Police Station Mahilpur District Hoshiarpur, under Sections 15/61/85 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as the N.D.P.S. Act).

(2.) THE allegation in the F.I.R. are as follows :- When the police party along with the Sub Inspector was present near Amrit Petrol Pump, Saila Khurd, a secret informer informed that Harjinder Singh and his brother (Devinder Singh-petitioner herein) resident of village Pansra are engaged in the sale of poppy husk from their cattle shed. On this information the policy party reached the village Pansra. Sarpanch-Baldev Singh and Shauka Singh former Sarpanch met them and they were associated. The cattle shed of Harjinder Singh was raided, from where two persons ran away on seeing the police party, leaving behind the scale and weight. They were apprehended, and one of whom is the petitioner-herein and the second in his brother Harjinder Singh. Harjinder Singh made a disclosure statement that he had kept concealed three bags of poppy husk in his cattle shed beneath the fodder, and in pursuance of the said disclosure statement which was recorded, petitioner- Devinder Singh was given the offer as to whether the search could be conducted in the presence of a Gazetted Officer or a Magistrate. Devinder Singh expressed confidence in the Sub Inspector and took out three bags of poppy husk from beneath the fodder lying in the cattle shed. Samples were taken and the total poppy husk weighed 120.75 kgs. On this basis, F.I.R. came to be registered.

(3.) I have heard the counsel for both the sides.