The main legal point established in the judgment is the application of stringent restrictions on the grant of bail for offences involving commercial quantity under Section 37 of the NDPS Act.

MAHABIR SINGH SINDHU, J.

1. Present petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the petitioner in a complaint case NCB Crime No.20/2017 dated 22.09.2017, under Sections 8, 18, 21, 23, 2, 60 and 61 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'), filed before the learned Sessions Judge, Ferozepur.

2. It is contended by learned senior counsel that neither the petitioner was present at the place of occurrence; nor any recovery has been effected from him; rather he was nominated as an accused on the basis of the disclosure statement of co-accused, Jaswinder Singh, from whom narcotic substance was recovered by the police. It is further submitted that registration of other FIRs cannot be a ground to deny the anticipatory bail to the petitioner in this case as he has been falsely implicated by the police and he is entitled to the concession of pre-arrest bail.

3. On the other hand, learned counsel for NCB has stated that there is sufficient material against the petitioner to prove his involvement in the commission of the crime. It is further submitted that the petitioner has not joined the proceedings despite repeated notices and the order dated 26.03.2018 passed by learned Judge, Special Court, Ferozepur, and he was deliberately evading the Court proceedings. It is further argued that the petitioner is an habitual offender as he is involved in nine other criminal cases, out of which, three cases are of similar nature i.e. NDPS Act and thus, he is not entitled to the concession of pre-arrest bail.

4. Learned counsel for NCB has placed reliance upon a judgment of the Ho'nble Supreme Court in case titled “Satpal Singh Vs. The State of Punjab”, passed in CRA-462-2018, decided on 27.03.2018.

5. Heard learned counsel for the parties and perused the paper-book.

6. Precisely, the accusation against the petitioner is that on 29.03.2017, an information was received by Sh. Viney Singh, Intelligence Bureau, NCB Amritsar from Assistant Commandant 137 Bn. BSF Mamdot Ferozepur that 137 Bn. recovered two pockets of suspected Narcotic Substance from accused Jaswinder Singh which were concealed by Jaswinder Singh in the lower body of Mahindra Arjun Tractor bearing RC No.PB-47-C-5936 and BSF wanted to hand over the same to NCB Amritsar. It is further alleged that the packets were opened and tested with DD Kit available with NCB team and found positive for the test of Heroin. Thereafter, the said packets of Heroin were weighed and found to be 1 kilo 360 grams and 60 grams opium.

7. Perusal of the record reveals that in terms of order dated 21.03.2018, an affidavit of Rajneesh, Intelligence Officer, has been filed on behalf of the respondent and paragraphs No.2 to 5 of the same reads as under: -

“2. That the raid was conducted at the house of Raj Singh @ Raju on dated 29.3.2017 but he was not found in the house.

3. That a continuous surveillance was mounted on his house through local sources, thereafter, 3 notices under Section 67 of the NDPS Act, 1985 were issued to Raj Singh @ Raju to join enquiry and to tender his statement by dated 25.5.2017, 6.7.2017 & 8.8.2017 respectively by registered post.

4. That a letter was also written to S.S.P., Ferozepur by the Zonal Director, Amritsar vide dated 15.9.2017 to know the whereabouts the accused. The SSP, Ferozepur vide letter dated 20.11.2017 intimated that the matter is got conducted through S.P. (Investigation), Ferozepur. The father of the accused told that Raj Singh @ Raju son of Munsha Singh has gone to their land at Uttar Pradesh and further told that as and when he comes back home, he will take him to join investigation of Narcotic Control Bureau, Crime Case No.20/2017 in which he is involved. The copy of letter addressed to SSP, Ferozepur 15.9.2017 and the reply written to Zonal Director alongwith the list of cases pending against Raj Singh @ Raju is appended and annexed as Annexure R-1.

5. That th