R.C.KATHURIA
Jarmanjit Singh – Appellant
Versus
State Of Punjab – Respondent
R.C.Kathuria, J.
1. Jarmanjit Singh and Balwant Singh, petitioners seek quashing of FIR No. 131 dated 7.12.2001 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `the Act) with Police Station, Mamdot, District Ferozepur.
2. The facts of the case have to be noticed briefly in order to focus the controversy involved. Sub-Inspector Trilochan Singh along with ASI Jaswant Rai, ASI Jaswinder Pal and other police officials was proceeding on patrol duty in Government vehicle bearing No. PB-05D-9850 driven by Sewa Singh. After the police party had reached near Canal Bridge, main road, Fazilka in the area of Village Lakhoke, a secret information was received by Sub- Inspector Trilochan Singh to the effect that Balwant Singh son of Karnail Singh resident of Village Jattalla, Police Station, Mamdot was engaged in illegal business of contraband and had proceeded to Rajasthan during the night time in a Maruti car bearing No. DDU-2486 for bringing poppy husk and would return to his village during the morning time. Finding this information credible, a Nakabandi was arranged by Sub-Inspector Trilochan Singh at about 5.15 a.m.
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