1. Prayer
The jurisdiction of this Court under Section 439 Cr.P.C., has been
invoked for grant of regular bail to the petitioner in case FIR No. 23, dated
20.03.2024, under Sections 15, 18 of NDPS Act, 1985 registered at Police
Station Maloud, Ludhiana, District Khanna (Annexure P-1).
2. Facts
Facts as narrated in the FIR reads as under:-
“To, the Station House Officer, Police Station, Malaud, Jai Hind.
Today on 20.3.2024, myself SI alongwith ASI Raj Mohammad
848/Khanna, ASI Taranjit Singh 501/Khanna, Havildar Amarjit Singh
726/Khanna, Constable Rajvir Singh 499/Khanna by taking Laptop-
Printer with them and by travelling in Government Vehicle No. PB-65-
BF-6903 Make Scorpio driven by Havildar Harvir Singh 297/Khanna
were present near Siphon (Beed) in the area of Village Sihora in
connection with the checking and searching of the suspicious persons
and bad elements and were conducting the checking of the vehicles
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coming from Canal Bridge Bhandewal. At about 5.30 A.M one Truck
came from the side of Canal Bridge, Bhandewal Make Bharat Vannes
12 Chaki bearing No. PB-10ES-5158 which was stopped at the Check
Post by myself ASI with the help of my companion employees on the
basis of suspicion by giving torch signal and the name of the driver
was enquired by alighting him down from the truck who told his name
as Nirbhay Singh son of Ajaib Singh, resident of Village Madnipur,
Police Station Malaud, Tehsil Payal, District Ludhiana and the
Conductor sitting on one side told his name as Balrup Singh son of
Sukhdev Singh, resident of Village Madnipur, Police Station Malaud,
Tehsil Payal, District Ludhiana. Thereafter, myself SI got served a
notice under Section 50 NDPS Act upon them informing the above
mentioned Nirbhay Singh and Balrup Singh about their legal rights to
the effect that “Myself Jaswinder Singh 199.J has been posted at
R.C.I.A Staff Khanna. I am in full uniform bearing the name plate of
my name. I am having suspicion that there is some illegal article or
narcotic drugs with you and in your Truck No. PB- 10ES-5158.
Therefore it is necessary to conduct your search as well as the search
of your Truck. But you are having legal right that if you want to get
your search as well as the search of your Truck No. PB-10ES-5158
conducted in the presence of any Magistrate or any Gazetted Officer,
then he can be called at the spot or you and your truck can be taken
and produced before him. Upon which Nirbhay Singh and Balrup
Singh after thinking some time said that “We want to get our search as
well as the search of Truck No. PB-10ES-5158 in our possession
conducted from some Gazetted Officer Thereafter myself SI separately
recorded the dissented Memos of Nirbhay Singh and Balrup Singh
which were signed by Nirbhay Singh and Balrup Singh. ASI Raj
Mohammad 848/Khanna and ASI Taranjit Singh 501/Khanna
appended their signatures as witnesses. Thereafter myself SI made a
phone call from my Mobile No. 978001129 at about 6.45 AM to Shri
Nikhal Garg PPS/DSP, Payal on his Mobile No. 98053-45728 and he
was informed about the position and requested him to come present at
the spot. After some time Shri Nikhal Garg, PPS/DSP Payal alongwith
his staff came present at the spot by travelling on Bolero vehicle
bearing No. PB10FV0468 who by introducing himself to Nirbhay
Singh and Balrup Singh told them that myself is Nikhal Garg, PPS and
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is posted as DSP at District Police, Sub Division, Payal and I am a
Gazetted Officer of Police Department. I am in uniform which is
bearing the name plate of my name. I have been informed by SI
Jaswinder Singh 199/J RCA Staff Khanna that there is some illegal
article or narcotic drugs with you and in your Truck No. PB-10ES-
5158 in your possession Therefore it is necessary to conduct your
search as well as the search of Truck No. PB- 10ES-5158 in your
possession. According to Section 50 of the NDPS Act, you are having a
right that you can get your search as well as the search of your above
Truck conducted in the presence of a Magistrate or any other Gazetted
Officer and in that eventuality he can be called at the spot or you and
the truck in your possession can be taken and produced before him.
Upon which Nirbhay Singh and Balrup Singh after thinking some time
said that we are having faith in you and you can conduct our search
and the search of the truck in our possession. Whereupon consent
Memos on behalf of Shri Nikhal Garg PPS, DSP Payal were separately
written and Nirbhay Singh and Balrup Singh put their respective
signatures below their respective statements in Punjabi. ASI Raj
Mohammad 848/Khanna and ASI Taranjit Singh 501/Khanna
appended their signatures as witnesses. Thereafter myself SI tried his
level best to associate 2-3 persons passing thereby in the Police Party
for the purpose of investigation but no person joined the Police Party
on the pretext of their own compulsions. Thereafter myself SI on the
directions of Shri Nikhil Garg, PPS, DSP Payal, conducted the search
of Truck No. PB-10ES-5158 according to the Rules and Regulations
and checked the Cabin of the Truck from which 02 heavy plastic bags
were found and their openings were found to be tied. One black color
envelop wrapped in transparent plastic paper was found, the opening
of which was tied. Thereafter myself SI with the help of comparion
employees brought down 02 bags and black color envelop wrapped in
transparent plastic paper from the Truck and after opening the same,
they were checked. Out of 02 bags “bhuki chura post’ was recovered
and they were marked as No. 01 and 02. The weight of the recovered
“bhuki chura post’ was done with electronic weighing machine which
was already available in the investigation bag of myself SI and the
weight of bag of “bhuki chura post’ marked as No. 01 came to 30
Kilogram, weight of bag of “bhuki chura post’ marked as No. 02 came
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to 25 Kilogram. The black color envelope wrapped in plastic paper
was checked from which Opium was recovered. On weighing the
Opium it came to 500 gram alongwith the weight of the envelop.
Thereafter myself SI tied the openings of both the plastic bags of
“bhuki chura post’ as it is and prepared their parcels. Thereafter
myself SI super stamped 02 parcels of plastic bags of “bhuki chura
post’ with stamp bearing words JS. The sample of seal was prepared
separately and after using the seal, it was handed over to ASI Raj
Mohammad 848/Khanna. Thereafter the DSP super stamped 02
parcels of bags of “bhuki chura post’ and one parcel of plastic box
containing 500 gram opium with his seal bearing words NG and on the
sample seal he also put his stamp bearing words NG and two parcels
of “bhuki chura post’ and one parcel of Opium above mentioned were
attested by him and the DSP after using his stamp bearing words NG
kept the same with him, The original R.C of Truck No. PB 10ES-5158
was found from the Dais Board of the Truck. Thereafter myself SI took
into police possession 02 parcels of ‘bhuki Chura post’ super stamped
with seal JS+NG and one parcel of plastic box carrying opium super
stamped with JS+NG, truck No. PB-10ES-5158 alongwith loaded Tiles
and original R.C as proof by preparing memo of recovery but Nirbhay
Singh and Balrup Singh put their respective signatures and ASI Raj
Mohammad 848/Khanna and ASI Taranjit Singh 501 Khanna put their
respective signatures as witnesses and the DSP attested the Memo of
Recovery. In this way Nirbhay Singh and Balrup Singh above
mentioned by keeping in his possession 55 Kilogram ‘bhuki Chura
Post’ and 500 gram Opium have committed offence under Section
15/18/61/85 of N.D.P.S. Act. Thus by reducing the Ruqa in writing, the
same is sent by hand through Constable Rajvir Singh 499/Khanna to
the Police Station Malaud for registration of a case against the above
mentioned accused Nirbhay Singh and Balrup Singh under the above
mentioned Sections. After registration of the case, FIR umber may be
informed. Special reports be issued. DCR, Khanna and officers
concerned be informed. Myself SI alongwith companion employees is
present at the spot for investigation. Sd/- Jaswinder Singh SI C.I.A
Staff Khanna. Dated 22.03.2024 in the area of Siphon (Beed) Village
Sihora at 9.00 AM. Today on receipt i of the above Rug in the Police
Station, the present case under the above mentioned Sections against
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the aforesaid accused Nirbhay Singh and Balrup Singh is registered.
The ruga in original alongwith copy of FIR is sent through the same
person to the Investigating officer for investigation at the spot. After
preparing special reports, the same are sent by hand through PHG
Charanjit Singh 29178 to the Illaga Magistrate and Officers
concerned. DCR Khanna and officers concerned have been informed.”
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