The limitations imposed by section 37 of NDPS Act and the admissibility of disclosure statements were central to the court's decision.

JUDGMENT

Gurvinder Singh Gill, J. - This order shall dispose of the above mentioned three petitions filed on behalf of Gurjit Singh @ Raju, Gaurav Pruthi and Paramjit Singh seeking grant of regular bail as all of them arise out of the same FIR i.e. FIR No. 75 dated 22.5.2020, registered at Police Station: City Jalalabad, District Fazilka, under section 22 and 29 of NDPS Act, 1985 (Section 25 of NDPS Act was added later).

2. The case of prosecution is that on 22.05.2020, when a police party headed by ASI Harbans Lal, CIA, Fazilka, was present in the Dana Mandi, Jalalabad, then a secret information was received to the effect that Prince Prithi and his brother Gaurav Pruthi, who were running a medical store at Jalalabad, indulged in illegal sale of intoxicant tablets under the garb of running pharmaceutical business, in connivance with Paramjit Singh @ Pamma, who used to purchase intoxicant tablets from them and used to further sell the same in villages. The information was further to the effect that even on the given day Paramjit Singh had gone for purchasing the intoxicant tablets from them and in case a raid is conducted they could be caught red-handed. Pursuant to receipt of said information, barricading was laid and the police party was able to intercept a motor-cycle on which two persons were riding and were carrying a carton. While the driver disclosed his name as Gaurav Pruthi, the pillion rider disclosed his name as Paramjit Singh. The search of carton led to recovery of 40,000 tablets of 'Tramadol'.

3. It is further the case of prosecution that during the course of interrogation Gaurav Pruthi disclosed that some more tablets have been kept in a Verna car bearing registration No. PB-61-C-8476, which was parked in their garage on Muktsar Road, Jalalabad. The police went to the nominated place and recovered another 40,000 tablets of Tramadol from the Verna car. The said car was found to be registered in the name of Gaurav Doomra who was arrested on 23.5.2020. It is further the case of prosecution that pursuant to disclosure statement made by Gaurav Pruthi, the petitioner Gurjit Singh was also nominated as an accused vide DDR No. 51 dated 23.5.2020. Said Gurjit Singh was arrested and who is alleged to have disclosed that he had kept 4,000 tablets of Tramadol, purchased from the aforesaid persons, in his house. The said tablets were recovered and taken into possession by the police.

4. It is further the case of prosecution during interrogation of the petitioner Gurjit Singh he disclosed that he had purchased intoxicant tablets from Paramjit Singh, Dheeraj Kumar and Avneesh Kumar. During investigation it was found that Avneesh and Dheeraj Kumar had procured the tablets from Sunil Singh and had supplied the same to Gurjit Singh.

5. The learned counsel for the petitioners have submitted that they have falsely been implicated in the instant case on account of certain grudge which the police has against them. It has been submitted on behalf of the petitioner Gaurav Pruthi that he is running a licensed chemist shop under the name and style of M/s. Gaurav Medical Hall at Jalalabad and that since Ashok Kumar of CIA staff is inimical towards his brother Prince Pruthi, therefore, he has been implicated along with his brother. It has also been submitted by counsel for petitioner Paramjit Singh that he is merely an employee of co-accused Gaurav Pruthi and Prince Pruthi and that he has falsely been implicated as his employer Prince Pruthi had some issues with Ashok Kumar of CIA Staff. The learned counsel for petitioner Gurjit Singh has submitted that he was never ever arrested at the spot and has been nominated on the basis of a disclosure statement, the evidentiary value of which would be debatable. It has further been submitted by learned counsel that since investigation stands concluded, further detention of the petitioner will not serve any useful purpose.

6. On the other hand, the learned State counsel has submitted that since it is a cas