The court emphasized the right of the accused under Article 20(3) of the Constitution, the compliance with Section 42 of the NDPS Act, and the absence of recovery from the petitioner in multiple FIRs.

JUDGMENT

Arvind Singh Sangwan, J. (Oral). - Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.6 dated 06.05.2020, for offence punishable under Sections 21/22/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and Section 25 of the Arms Act, 1959 registered at Police Station State Special Operation Cell, District Amritsar.

Counsel for the petitioner has argued that the petitioner was arrested on 16.04.2020 in FIR No.36 dated 14.04.2020 registered under Sections 27-A/29/30 of the NDPS Act at Police Station Gharinda, District Amritsar (Rural) against Sacatter Singh and Ranjit Singh, who nominated the petitioner as per their disclosure. After 20 days of his custody in this FIR, the police recorded a confessional statement of the petitioner on 06.05.2020, in pursuance to which recovery of 01 Pistol 30 bore, 01 Pistol 9 mm with 03 magazines, 01 drum magazine and 100 cartridges as well as Rs.23.00 lacs, were recovered from his house in village Mahawa, as the present FIR No.6 dated 06.05.2020 was recorded. Counsel for the petitioner has further submitted that earlier investigation was carried out by SI Nirmal Singh and later on, the same was transferred to SI Sukhbir Singh, who in presence of the Deputy Superintendent of Police, Harinderpal Singh has effected the aforesaid recovery. It is further submitted that nobody from the house of the petitioner was joined in the investigation. Counsel for the petitioner has further argued that again, after about 04 days, another disclosure statement was recorded on 10.05.2020, during his custodial interrogation that he has kept Rs.24.00 lacs and 01 Kg Heroin at Guru Nanak Avenue, Street No.1, Amritsar. On the basis of the same again, a raid was conducted and the co-accused Dilbag Singh was arrested and on the confession of Dilbag Singh, recorded on similar line, recovery of 1 Kg and 64 gms of Heroin and Rs.24.70 lacs were recovered in presence of the petitioner by recording a joint recovery memo.

Counsel for the petitioner has further argued that during his custody, the petitioner was also taken in police remand in 02 FIRs i.e. FIR No.20 dated 15.12.2016, at Police Station SSOC, Amritsar and FIR No.21 dated 17.12.2016 at Police Station SSOC, Amritsar, both registered under the relevant provisions of the NDPS Act and Section 489-A, 489-B, 489-C of the Indian Penal Code, 1860 (in short 'IPC'). It is also submitted that after the recording of his first disclosure statement on 06.05.2020, a ruqa was sent to the Police Station and then, the aforesaid recovery was effected and similarly, while recording the second confessional statement on 10.05.2020, again, the recovery was effected in presence of the co-accused Dilbag Singh.

Counsel for the petitioner has also argued that it is not disputed that the petitioner was in police custody since 16.04.2020 in FIR No.6 where no recovery was effected from him and after 20 days of police remand, the first disclosure statement and after 24 days, the second disclosure statement was recorded. It is also submitted that though as per the police investigation, the recovery is effected from a house, which belongs to the mother of the petitioner, however, there is a dispute regarding the ownership as 02 persons namely Baldev Singh and Judge Singh, have filed CRM-M No.51382 of 2019, against the State of Punjab, Commissioner of Police, Amritsar City, Commissioner of Customs, Amritsar and National Investigation Agency that they should open the seal of the house of Khasra No.79//10 Min. Khata Khatoni No.1531/2041 in the area of village Kala Ghanupur, sub-urban Abadi, New Abadi, Amritsar, as they are the owner in possession of the house.

Counsel for the petitioner has referred to an order dated 09.01.2020 passed in the said petition wherein, on the statement made by the Special Public Prosecutor of National Investigation Agency, that the