Balwinder Singh vs State of Punjab

Sabina, J.—This petition has been filed u/s 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 14 dated 26.2.2009, u/s 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Ghagga District Patiala.

Prosecution story, in brief, as per the FIR as reproduced in para 1 of the petition is as under:

Today I S.I. along with HC Satgur Singh 1737, HC Mahiya Ram 901, HC Palwinder Singh 2519, C- II Heera Singh 2207, C-Prem Singh 2156, PHG Naresh Kumar, 29904 and PHC Gurcharan Singh 30307 were present at the canal minor in the area of village Dwarkapur in a private vehicle in connection with the search of suspected criminals, then Pala Singh son of Phool Singh caste Bajigar resident of Sadhmajra met us. I was just talking to him then at around 11.30 a.m a grey coloured Indica car was coming from the side of village Dabankheri. I ASI signaled the car to stop whereupon the driver of the car tried to reverse the car and suddenly a young man (cut surd) opened the door and ran way towards the fields. The rest of the two persons were stopped by I SI with the help of accompanying colleagues and enquired about their identities. On asking the driver of the car disclosed his name as Parveen Kumar @ Raju son of Maya Ram caste Mehra Sikh, resident of Baba Girdhari Lal Dera, Mohalla Ghumiaran wala resident of Ismailabad (Haryana) whose physical description is as follows, age about 25 years, height about 5-7'' colour wheatish, clean shaven and having his hair cut, average built, studied utp 7th class, a sign of injury on the right foot and healthy. The person who was sitting in the seats adjoining the driver seat disclosed his name as Balwinder Singh son of Jarnail Singh caste Mehra Sikh resident of Kishanpur, P.S. Julkan District Patiala whose physical description is as follows:- age around 30 years height 5-5", colour wheatish, clean shaven, 10+2 pass, having average built and healthy and sign of Onkar inscribed on the right hand and Balwinder Singh disclosed the name of the person who ran away as Bikramjit Singh son of Jagdish Chand caste Mehra Sikh resident of Thaska Meeraji, Ismailabad (Haryana) and that he is brother in law (sala) of Balwinder Singh. His description is as under:- age around 22 years, height 5- 6", clean shaven, Matriculate, colour wheatish having average built and healthy. The registration No. of the Indica car is HR-70-4868. While disclosing my identity to the above mentioned two persons I told them that I am SI Nasib Singh on duty and carrying my number plate also. I am I/C P.P. Badshahpur. I suspect that you are carrying some Narcotic Substance in the car for which I want to conduct your search as well as the search of the car. If you wish to be searched by any Gazetted Officer or Magistrate then they can be called at the spot. Both of them in single voice said that we do not want any Gazetted Officer or Magistrate to be called at the spot as we do not want to create any incriminating evidence against us. We repose full faith in you. You can conduct search of the car as well as search our person also. The consent memo was prepared separately which was attested by the witnesses. Parveen Kumar and Balwinder Singh appended their signatures on the consent memo. Then I SI opened the backdoor of the Indica car where a jute bag which was tide at the top was lying. Then I SI checked the diggy of the car where two jute bags which were tide were lying. I SI opened the mouths of all the three bags which was found to be containing poppy husk. Two separate samples parcels each of 100/100 grams each were taken from three bags and on weighing the weight of the bags came to be 27 kgs. 800 grams each. All the sample parcels were allotted the numbers 1-1A to 3-3A and the three bags containing poppy husk were allotted numbers 1,2,3. I SI had put the impression of my seal NS on all the six sample parcels and the three bags. Samples seal was separately prepared and along with the seal after use was handed over to witness HC Satgur Singh 1737. During the search of the Indica car no RC etc. could be found. Then I SI took the six samples parcels, three bags containing poppy husk, along with the samples seal Indica car into possession vide separate recovery memo on which signatures of the witnesses were obtained. On personal search of Parveen Kumar @ Raju currency notes of Rs. 200/- were found from the pocket of his shirt, and from the personal search of Balwinder Singh currency notes worth Rs. 160/- were found from the pocket of his shirt, which were taken into possession vide separate recovery memo. Signatures of Parveen Kumar @ Raju and Balwinder Singh were obtained separately on the recovery memo. Parveen Kumar @ Raju, Balwinder Singh and Bikramjit Singh @ Vickey have committed offence under Sections 15/61/85 NDPS Act, by keeping poppy husk in their possession. Therefore, this ruqa is being sent by hand CII Heera Singh for registration of a case under the afore mentioned sections against Parveen Kumar @ Raju, Balwinder Singh, Bikramjit Singh @ Vickey. Number of the FIR be intimated after registering the case. Special reports be prepared and be sent to the higher officers and the Area Magistrate. Incharge Control Room Patiala be informed through wireless message. I SI along with the accompanying colleagues are present at the spot.

Learned Counsel for the petitioner has submitted that the petitioner has been falsely involved in this case. His co-accused Bikram Singh had been allowed bail by this Court. Learned State counsel, on the other hand, has submitted that the petitioner was apprehended at the spot and was found in possession of 84 kgs. of poppy husk, which amounts to commercial quantity. The petitioner was sitting beside the driver in the car from which the contraband was recovered.

After hearing learned Counsel for the parties, I am of the opinion that no ground for grant of bail is made out.

Co-accused Bikram Singh was not arrested at the spot and consequently, his case is on a different footing. The petitioner was apprehended at the spot and 84 kgs. of poppy husk was recovered from the car in which he was travelling.

Accordingly, this petition is dismissed.