The relevance of antecedents in bail applications and the applicability of Section 43 in cases of contraband recovery in transit.

JUDGMENT

Gurvinder Singh Gill, J. - This order shall dispose off the above mentioned three petitions filed on behalf of Mandeep Kaur, Ranjit Singh @ Rana and Harjit Singh @ Happy seeking grant of regular bail in a case registered against them vide FIR No. 214 dated 24.11.2019 under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') at Police Station Chattiwind, District Amritsar.

2. The FIR was lodged pursuant to receipt of secret information by Inspector Vikrant Sharma while he alongwith other police officials was patrolling in the area of Police Station Chattiwind. The information was to the effect that Ranjit Singh, Harjit Singh and Mandeep Kaur are proceeding in a white coloured Tata Indica car bearing registration No. PB02-BP-6906 from village Varpal to village Mehma Pandori and that they indulge in sale of heroin in a large scale. The information was further to the effect that even on the given day, they were proceeding for the purpose of supplying heroin.

3. Purusant to receipt of said information, barricading was held and the police was able to intercept the car bearing registration No. PB02-BP-6906 in which three persons were travelling. Upon enquiry, the driver disclosed his name as Ranjit Singh. The person sitting next to him on the front seat disclosed his name as Harjit Singh and a lady sitting on the rear seat disclosed her name as Mandeep Kaur. Inspector Vikrant Sharma informed the aforesaid three persons as regards their right in terms of Section 50 of the Act to get themselves searched in the presence of some Gazetted Officer or a Magistrate. They declined to get themselves searched by Inspector Vikrant Sharma. Accordingly, Inspector Vikrant Sharma telephonically informed SHO Police Station Chattiwind and also DSP, Attari and apprised them that he had received secret information that heroin was being transported in a car bearing registration No. PB02-BP-6906 and that the said car had been intercepted by him and the persons sitting in the same were required to be searched and requested the DSP to come at the spot to conduct further proceedings.

4. Purusant to the said intimation, the SHO/Inspector accompanied by other police officials reached at the spot where Inspector Vikrant Sharma accompanied by other police officials had intercepted the car in question and extended fresh option in terms of Section 50 of the Act to the aforesaid Ranjit Singh, Harjit Singh and Mandeep Kaur. The persons opted to the searched in the presence of a gazetted officer. DSP Gurpartap Singh Sahota also reached at the spot and he also extended an offer in terms of Section 50 of the Act and Section 49 of the Act seeking their option qua their personal search and search of car but the accused reposed confidence in him. Accordingly, search of the aforesaid persons was conducted in the presence of DSP. The search of Ranjit Singh led to recovery of 600 grams of heroin from a pocket of jacket worn by him. The search of Harjit Singh also led to recovery of 550 grams of heroin from a pocket of his jacket. The search of Mandeep Kaur was got conducted through Lady Constable Kulwinder Kaur and from the jacket worn by her, 370 grams of heroin was recovered.

5. The learned counsel representing the petitioners, while pressing their case for grant of regular bail, have made the following submissions :-

(i) that there has been non-compliance of provisions of Section 42 of the Act inasmuch as the secret information, allegedly received by Inspector Vikrant Sharma was never conveyed to any superior officer, though Section 42(2) of the Act mandates for the same;

(ii) that since the vehicle in which the accused were alleged to be travelling was intercepted after sunset i.e. at about 9:40 p.m., therefore the police could not have conducted search without a warrant unless the officer conducting sea