STATE OF J&K Vs. GURMIT SINGH

JUDGEMENT

(1.) FIR No. 223/04 under Section 8/17/18 of Narcotics Drugs and Psychotropic Act, 1985 (for short 'Act of 1985') was registered with Police Station Pacca Danga, Jammu. The allegations made in the FIR reveal that that on 25.22.2004 during the Naka at 1645 hours car Santro bearing registration no. 77/JK02-W red in colour came from Dogra Hall which was being driven by Charanjeet Singh and Gurmeet Singh was also sitting on the front seat. The vehicle was signaled to stop but it did not stop and fled away. On being chased by the police party the vehicle stopped at Digyana Camp near the house of Charnjeet Singh. Both the aforesaid accused persons alighted from the vehicle and ran away. The vehicle was searched and eleven packets of heroin were allegedly recovered which weighed 8 kg 894 gms. The samples were taken from the packets and sent to FSL for chemical analysis. One 12 Bore Gun along with eight live cartridges, a revolver with ten live cartridges, one Mobile No. 9906005988 and driving license of Charanjeet Singh, R. C. of the vehicle in the name of Charnjeet Singh was also recovered and seized.

(2.) After conclusion of the investigation, report under section 173 Cr.P.C was filed before the Court of competent jurisdiction. As the accused could not be arrested by the police during the investigation of the case report under section 173 Cr. P. C. was filed in their absence. The Court of competent jurisdiction while taking cognizance of the offence issued general warrants of arrest against the accused persons. The accused Gurmeet Singh surrendered before the trial court. An application was filed on his behalf wherein it was prayed that warrants issued under Section 512 Cr. P. C. be recalled and it was further prayed that accused be enlarged on bail.

(3.) Notice was issued in the said application. It was averred in the bail application by the accused Gurmeet Singh that he has been harpooned into a fabricated case. He further stated that he was being pressurized not to give evidence against the relatives of the Mr. Bajpa, MP belonging to R. S. Pura and that the vehicle belonging to the Chranjeet Sngh was lifted from the residence of Charanjeet Singh with a crane. It was also averred that mandatory provisions of Act of 1985 were not complied with.