IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Arvind Singh Sangwan, J.
Ved Parkash - Appellant
Versus
State Of Punjab - Respondent
CRM-M No. 30945 of 2019, 41556 of 2019, 37069 of 2020, 14211 of 2020 , 28680 of 2021
Decided On : 27-07-2021
NDPS Act - Bail - Section 22 of the NDPS Act, Sections 25, 29 of the NDPS Act, Sections 420, 465, 467, 468, 471 of the IPC - The court discussed the provisions of the NDPS Act, including the possession and sale of narcotic substances, and the procedures for search and seizure under the Cr.P.C. The court considered the knowledge and involvement of the accused in storing the contraband and their defenses in reaching the decision to grant bail to the petitioners.
Fact of the Case:
The case involved the arrest and recovery of a large quantity of intoxicant pills from the accused persons' possession. The petitioners sought bail, arguing lack of recovery from some, absence at the spot, and health issues.
Finding of the Court:
The court found that the recovery from the accused raised questions about their knowledge and involvement, and considered their defenses. It noted the petitioners' long custody, minimal witnesses examined, and lack of involvement in other cases in granting bail.
Issues: The issues included the sufficiency of evidence for possession, absence of recovery from some petitioners, and their defenses. The court also considered the health condition of one petitioner.
Ratio Decidendi: The court's decision to grant bail was based on the petitioners' defenses, lack of recovery from some, minimal witnesses examined, and their non-involvement in other cases.
Final Decision: The court granted bail to the petitioners, considering their defenses, minimal witnesses examined, lack of involvement in other cases, and one petitioner's health condition.
JUDGMENT
Arvind Singh Sangwan, J. - This common order shall dispose of above noted five petitions as they arise out of the same FIR.
2. Prayer in these petitions is for grant of regular bail to aforesaid petitioners in case FIR No. 63 dated 23.03.2019, registered under Section 22 of the NDPS Act (Sections 25, 29 of the NDPS Act and Sections 420, 465, 467, 468, 471 of the IPC were added later on) at Police Station Sardulgarh, District Mansa.
3. As per prosecution, the brief facts are that on 23.03.2019, ASI Dalel Singh along with other police officials, while on patrol duty, received a secret information that co-accused Sadhu Singh and one Rubbi (stated to be petitioner Jaskaran) are dealing in the sale of narcotic substances and have kept the same in the house of Sadhu Singh. It was further informed that said Rubbi has brought narcotic pills to the house of Sadhu Singh in a white color parcel and if a raid is conducted at the house of Sadhu Singh, a consignment of huge quantity of intoxicant can be recovered. On receiving such information, a ruqqa was sent to the police station for registration of the FIR and a request was made for sending some other Investigating Officer at the spot. Inspector Bhupinder Singh was deputed and further investigation was handed over to him. When the police party reached the house of Sadhu Singh, it was found that four persons were keeping narcotic pills in cardboard boxes by packing in small plastic bags and pouches. On inquiry, they disclosed their names as Sadhu Singh, Jaskaran Singh @ Ruby, Nirbhay Singh and Amit Chawla. Thereafter, on counting all the boxes of narcotic pills, 9,000 pills of Cavilodol-100 SR were recovered from Sadhu Singh; from the boxes held by Jaskaran Singh, 10,000 pills of Cavilodol-100 SR were recovered; from the plastic bag held by Nirbhay Singh, 10,500 pills of Cavilodol-100 SR were recovered and similarly from Amit Chawla, 10,500 pills of Cavilodol-100 SR were recovered.
4. Thereafter, from the cardboard boxes kept in the house of Sadhu Singh, total 2,34,000 intoxicant pills were recovered. The accused persons were arrested and the case property was seized and recovery memos, separate personal search memos etc. were prepared.
5. It is the further case of the prosecution that during investigation, accused persons disclosed that they have purchased 3,54,000 intoxicant pills from Ved Parkash @ Lovely, Bablu and Aman Hospital, Panipat on the payment of Rs. 5 Lakh. It also came in the disclosure of accused Amit Chawla and Nirbhay Singh that the intoxicant pills were to be sold and used as medicine in the State of Punjab and the said pills were purchased in the name of Mahaveer Traders, Jaipur and Ambey Traders, Mathura. Both the owners of aforesaid two traders used to take money from them for making bills in the name of their firms. On this, Ved Parkash @ Lovely and Bablu were nominated as accused in the present case. Thereafter, Inspector Bhupinder Singh obtained arrest and search warrants from SDJM, Sardulgarh against Ved Parkash @ Lovely, Bablu and Aman Hospital, Panipat. The police party reached Police Station Kotwali, Delhi, where ASI Shelesh Sharma was taken along with the police party to the shop of Jaswant Pharma, where Ved Parkash @ Lovely was present and on inquiry, he disclosed that he has stored intoxicant tablets in heavy quantity in Shashtri Market in the area of PS Geeta Colony and the same can be recovered. The disclosure statement in terms of Section 27 of the Evidence Act was recorded by Inspector Bhupinder Singh and under the supervision of DCP Sardulgarh, the police along with accused reached at the store in Shashtri Market, where a huge quantity of 6,25,000 intoxicant tablets of 'Carisoma' in different kits were recovered along with 1,50,000 tablets of 'Tramadol Hydrochloride'. Apart from this, 36,000 tablets of 'Alprazolam 0.25' and 27900 intoxicant tablets of 'Nitrazepam' and some other intoxicant tablets were also recovered. Thereafter, Ved Parkash @ Lov
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