1. Relief
This petition has been filed under Section 439 Cr.P.C. for grant of
regular bail in FIR No. 97 dated 25.06.2024 registered under Sections 21(c) & 29
of The Narcotic Drugs and Psychotropic Substances Act, 1985 at P.S. Jaitu,
District Faridkot.
2. Facts
Facts as narrated in the FIR reads as under:-
“SHO, Police Station Jaito ‘Jai Hind’. Today, I, SI along with SI Jaskaran
Singh 1007/Faridkot, Havaldar Gurpiar Singh 571/Faridkot, Sepoy Rohit
Sharma 360/Faridkot (Computer Operator), Seopy Akashdeep Singh
616/Faridkot in connection with checking and search of suspected persons
riding government vehicle bearing No. TS-15-TR-0727 which was driven by
P.H.G. Jarnail Singh 32512, CIA Staff Unit, Jaito were going to Rodikpura,
in the area of Village Rameana to Village Kotli turning road towards Canal
Bridge, nakabandi was being done. Then time about 03:15 PM that from the
side of Village Kotli one motorcyclist was coming, two clean shaved persons
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were riding the motorcycle. On seeing the Police Party driver of the
motorcycle suddenly turned the motorcycle and tried to run away then the
motorcycle fell down then I SI along with the help of staff employees,
motorcyclist was controlled who was having a black color backbag on his
shoulder in the middle. I, SI, asked the apprehended persons their name and
address. Then the driver of motorcycle told his name as Lovedeep Singh
alias Balveer son of Sewak Singh son of Jarnail Singh resident of Mahima
Sawai, District Bhatinda and the person sitting back of the motorcycle told
his name as Ravi Singh son of Kulwant Singh son of Ajaib Singh, resident of
Mahima Sawai, District Bathinda. Then I, SI apprised myself to motorcyclist
Lovedeep Singh alias Balveer above and accompanying staff and told that,
I, ASI Angrej Singh No. 442/Faridkot, CIA Staff Unit, Jaito is serving as a
Investigating Officer. I have doubt on you and the motorcycle Marka Hero
HF-Deluxe bearing No. PB-03-BC-7019 color black of having some
narcotic substance in the black backbag in your possession. But you have
legal right that you can get search yourself and the black backbag in your
possession from a Magistrate or a Gazetted Officer who can be called
immediately at the spot or you can be brought to them. On which the driver
of the motorcycle Lovedeep Singh alias Balveer above told that he want to
be searched by a Gazetted Officer of the black backbag kept in middle of the
motorcycle. Upon which I, SB issued memo of dissent under Section 50
NDPS Act by getting typed and taking print out, which was signed by
accused Lovedeep Singh alias Balveer in Punjabi and signature of SI
Jaskaran Singh 1007/Faridkot and Havaldar Gurpiar Singh 571/Faridkot
were got done as witnesses. Then I, SI apprised myself and the staff
employees to the person sitting on the back of the motorcycle and told that
“I, ASI Angrej Singh No. 442/Faridkot, CIA Staff Unit Jaito is serving as
Investigating Officer. I have doubt on you and the motorcycle Marka Hero
HF-Deluxe bearing No. PB-03-BC-7019 color black of having some
narcotic substance in the black backbag in your possession. But you have
legal right that you can get search yourself and the black backbag in your
possession from a Magistrate or a Gazetted Officer who can be called
immediately at the spot or you can be brought to them. On which the driver
of the motorcycle Lovedeep Singh alias Balveer above thought some time
and told that he want to be searched by a Gazetted Officer of the black
backbag kept in middle of the motorcycle. Upon which I, SB issued dissent
memo under Section 50 NDPS Act by getting typed and taking print out,
which was signed by accused Lovedeep Singh alias Balveer in Punjabi and
signature of SI Jaskaran Singh 1007/Faridkot and Havaldar Gurpiar Singh
571/Faridkot were got done as witnesses. Then I, SI from my Mobile No.
80541-04287 called at Phone No.75270-17100 time about 03:46 District
Police Control Romm motorcycle and briefed about the situation and
informed about sending Gazetted Officer at the place of occurrence. On
which time about 04:50 P.M. Sh. Sukhdeep Singh, PPS, Deputy
Superintendent of Police, Sub Division, Jaito riding government vehicle
bearing No. PB-04-V-6036 the driver of which Lovepreet Singh/Gunman
744/Faridkot along with staff employees reached at the place of occurrence.
I, SI briefed about the situation of the place of occurrence to them. On which
Sh. Sukhdeep Singh, PPS, Deputy Superintendent of Police, Sub Division,
Jaito asked the apprehended persons their name and address. Motorcyclist
told his name as Lovedeep Singh alias Balveer son of Sewak Singh son of
Jarnail Singh, resident of Mahima Sawai, District Bathinda and second
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person told his name as Ravi Singh son of Kuldeep Singh son of Ajit Singh
resident of Mahima Sawai, District Bathinda. Then Sh Sukhdeep Singh, PPS,
Deputy Superintendent of Police, Sub Division, Jaito apprised himself and
his staff employees to the accused and told I am Sukhdeep Singh, PPS,
Deputy Superintendent of Police, Jaito. I have doubt on you and the
motorcycle Marka Hero HF-Deluxe bearing No. PB- 03-BC-7019 color
black of having some narcotic substance in the black backbag in your
possession. But you have legal right that you can get search yourself and the
black backbag in your possession from a Magistrate or a Gazetted Officer
who can be called immediately at the spot or you can be brought to them.
On which the driver of the motorcycle Lovedeep Singh alias Balveer above
thought some time and told that he do not want to be searched by a
Magistrate or Gazetted Officer of the black backbag kept in middle of the
motorcycle. I have confidence on you. I want to get search of me and the
black color backbag laying on the motorcycle from you. Upon which Sh.
Sukhdeep Singh, PPS, Deputy Superintendent of Police, Sub Division, Jaito
issued memo of consent under Section 50 NDPS Act by getting typed and
taking print out, which was signed by accused Lovedeep Singh alias Balveer
in Punjabi and signature of SI Jaskaran Singh 1007/Faridkot and Havaldar
Gurpiar Singh 571/Faridkot were got done as witnesses. Then I, SI apprised
myself and the staff employees to the person sitting on the back of the
motorcycle and told that “I, ASI Angrej Singh No. 442/Faridkot, CIA Staff
Unit Jaito is serving as Investigating Officer. I have doubt on you and the
motorcycle Marka Hero HF-Deluxe bearing No. PB-03-BC-7019 color
black of having some narcotic substance in the black backbag in your
possession. But you have legal right that you can get search yourself and the
black backbag in your possession from a Magistrate or a Gazetted Officer
who can be called immediately at the spot or you can be brought to them.
On which Ravi Singh above accused thought some time and told that I do
not want to be searched by any Magistrate or Gazetted Officer the black
backbag kept in middle of the motorcycle. I have confidence on you. I want
to get search ourselves and the black color backbag laying on the
motorcycle from you. Upon which Sh. Sukhdeep Singh, PPS, Deputy
Superintendent of Police, Sub Division, Jaito issued memo of consent under
Section 50 NDPS Act by getting typed and taking print out, which was
signed by accused Lovedeep Singh alias Balveer in Punjabi and signature of
SI Jaskaran Singh 1007/Faridkot. Sh. Sh. Sukhdeep Singh, PPS, Deputy
Superintendent of Police, Sub Division, Jaito attested the same. Then I, SI
tried to make private party as witness from the commuters at the place of
occurrence, but no one agreed to join as witness telling their compulsion.
That is why no private witness joined the police party. Then on the
instructions of Sh. Sukhdeep Singh, PPS, Deputy Superintendent of Police,
Sub Division, Jaito, I, SI started search of accused Lovedeep Singh alias
Balveer and Ravi Singh and the motorcycle Marka Hero HF-Deluxe bearing
No. PB- 03-BC-7019 color black backbag. On checking narcotic pills strips
were recovered, which were taken out from the black color backbag and
strips were counted. On counting total 1020 narcotic pills strips were found.
On each strip 10/10 narcotic pills, total 10,200 narcotic pills were
recovered. On each recovered strips NRx Tramadol Hydrochloride Tablets
USP 100 mg Tramowell-100 Tablets and B. No. T 240205 MGF FEB 2024
EXPIRY JAN 2026 M.R.P. Rs. 225.00 PER 10 TABS 1.0.A. T. was written.
From accused Ravi Singh and Lovedeep Singh alias Balveer above total
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10,200 narcotic pills Marka Tramowell-100 Tablets were recovered. Then I,
SI asked the accused Lovedeep Singh alias Balveer and Ravi Singh above
for keeping narcotic pills in their possession, but accused could not produce
any permit or licence for keeping narcotic pills in their possession. Then on
instructions of Sh. Sukhdeep Singh, PPS, Deputy Superintendent of Police,
Sub Division, Jaito, is transacted the recovered narcotic pills in the same
black color backbag and prepared parcel and affixed with my seal
impression ‘AS’ and sample seal was also sealed with the word ‘AS’ and after
use seal was handed over to Jaskaran Singh 1007/Faridkot. And from
checking of above motorcycle no document regarding ownership of Motor
cycle was found. Then Sh. Sukhdep Singh, PPS Deputy Superintendent of
Police, Sub Division, Jaito sealed the above parcel with the word ‘SS’ and
sample seal was also sealed with the word ‘SS’ attested the same. After use
retained the seal with him. Then I, SI took the parcel of recovered narcotic
pills and above-mentioned motorcycle in police possession by preparing
seizure memo. On seizure memo SI Jaskaran Singh 1007/Faridkot and
Havaldar Gurpiar Singh 571/Faridkot put their signatures as witnesses. Sh.
Sukhdep Singh, PPS Deputy Superintendent of Police, Sub Division, Jaito
attested the seizure memo. Then I, SI on the instructions of Sh. Sukhdep
Singh, PPS Deputy Superintendent of Police, Sub Division, Jaito started the
physical search of accused Lovedeep Singh alias Balveer as per rule, who
took out two notes of Rs. 200/- Indian currency, total Rs.400/- from the back
pocket of his jean pant and submitted to me and no other item, jewellery has
given to me. Rs.400/- was taken into police custody without any reason as a
proof. After that physical search was completed. On seizure memo Lovedeep
Singh put his signature in Punjabi and SI Jaskaran Singh 1007/Faridkot and
Havaldar Gurpiar Singh 571/Faridkot also put their signature as witnesses.
Then on the instructions of Sh. Sukhdep Singh, PPS Deputy Superintendent
of Police, Sub Division, Jaito started the physical search of accused Ravi
Singh. Who took out a Vivo Mobile Phone color white (silver) from the front
Jean pant and two Rs. 100/- notes Indian currency and submitted to me.
Except this no valuable item, jewellery, documents etc was handed over to
me. Vivo Mobile color white (silver) was taken into police custody without
any reason as a proof. On seizure memo Ravi Singh put his signature and SI
Jaskaran Singh 1007/Faridkot and Havaldar Gurpiar Singh 571/Faridkot
also put their signature as witnesses. Then Sh. Sukhdep Singh, PPS Deputy
Superintendent of Police, Sub Division, Jaito also enquired the accused
Lovedeep Singh alias Balveer and Ravi Singh. After proceeding time about
06:30 PM I, SI as per instruction started to the place of occurrence. The
accused Lovedeep Singh alias Balveer and Ravi Singh above have
committed offence under Section 22 (c), 61, 85 of NDPS Act for keeping
10,200 narcotic pills in their possession. For which complaint against
Lovedeep Singh alias Balveer son of Sewak Singh son of Jarnail Singh
resident of Mahima Sawai District Bathinda and Ravi Singh son of Kulwant
Singh son of Ajaib Singh resident of Mahima Sawai, District Bathinda has
been written and is being sent to Police Station for registering FIR by hand
through Akashdeep Singh 616/Faridkot. Spercial reports be sent to the
services of Ilaqa Magistrate and higher officials. Information be given to
PCR Faridkot. I, SI along with staff employees starts to the place of
occurrence. Sd/Angrej Singh, ASI, CIA, Staff Unit Jaito. Dated 25.06.2024.
Today, in the area of Rameana time 06:40 PM. Today on receipt of
complaint at the Police Station, FIR against the above accused be registered
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through CCTNS, copy of the FIR along with original complaint is being sent
to the place occurrence by hand through Ct. as per rule. Copies of FIR’s
with special reports are being sent to the services of Hon’ble Ilaqa
Magistrate Sahib and higher officials. Wireless message is being sent to
PCR Faridkot.”
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