The recovery from each accused cannot be clubbed together to make it a case of commercial quantity of recovery, and the rigors of Section 37 of the NDPS Act shall not be applicable to a case involving non-commercial quantity of drugs.

HARSH BUNGER, J.

CRM-2912-2023

1. This is an application under Section 482 of the Code of Criminal Procedure, 1973, for placing on record the Inquiry Report (Annexure P-6) in case FIR No.28 dated 27.02.2017 as well as bail order dated 29.06.2020 (Annexure P-7) in case FIR No.47 dated 18.05.2020, respectively.

2. Criminal Misc. Application is allowed, as prayed for. Annexures P-6 and P-7 are taken on record, subject to all just exceptions.

CRM-M-58220-2022

3. Prayer in the present petition filed under Section 439 of the Code of Criminal Procedure, 1973, is for grant of regular bail to the petitioner in case FIR No.188 dated 21.08.2022 (Annexure P-1), registered at Police Station Special Task Force, District STF Wing, for offence punishable under Sections 21, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here-in-after referred to as `the NDPS Act).

4. Brief facts of the case are that on 21.08.2022, an informer gave information to Deputy Superintendent of Police, STF, Border Range, Amritsar, that Garhgadjit Singh S/o Baldev Singh R/o Village Kotla Doom, Ramtirath Road, Police Station Raja Sansi, Amritsar and Kanwaljit Singh alias Kanwal S/o Gajjan Singh R/o Village Blaggan, Ramtirath Road, Police Station Raja Sansi, Amritsar, are together indulged in business of heroin smuggling and Garhgadjit Singh uses virtual number +1(386)3062911 in his phone to contact heroin smugglers and takes delivery of heroin and supplies further to customers. It was further informed that if the houses of aforesaid Garhgadjit Singh and Kanwaljit Singh are raided and search is conducted then a heavy quantity of heroin can be recovered from them.

5. On finding the said information reliable, a ruqa was prepared and the same was sent to the concerned Station House Officer, whereupon, the case FIR No.188 dated 21.08.2022 was registered.

6. On 03.09.2022, Deputy Superintendent of Police, Vavinder Kumar was present at Ram Tirath Road in connection with investigation of this case, where he received a secret information that real name of Kanwaljit Singh is Kanwalpreet Singh @ Kanwal and he is coming on his Innova car towards Amritsar side. Upon getting information, the Deputy Superintendent of Police laid a naka at bridge of Mahal and arrested accused Kanwalpreet Singh. On the asking of Kanwalpreet Singh, his co-accused Garhgadjit Singh was also arrested.

7. Thereafter, upon a disclosure statement of accused Garhgadjit Singh recorded on 05.09.2022, 01 kg. of heroin was recovered from his farm house situated at Village Kotla Doom and on the disclosure statement of accused Kanwalpreet Singh, 200 grams of heroin was recovered from his farm house.

8. The petitioner herein filed an application under Section 439 Cr.P.C. seeking regular bail before the Court of Additional Sessions Judge, Amritsar. However, the same was dismissed on 18.11.2022 by observing as under :-

“…On 5.9.2022, on the disclosure statement of accused Gargajjit Singh, 1 Kg. heroin was recovered from his farm house situated at Village Kotla doom and on the disclosure statement of accused Kanwalpreet Singh, 200 grams heroin was recovered from his farm house. More than, 250 grams of Heroin falls under the ambit of commercial quantity. Here in this case, the alleged recovery of 1 kg. 200 grams of heroin has been effected from the possession of the accused-applicant along with his co-accused which falls under the ambit of commercial quantity. As such, this Court is of the considered view that the accused-applicant is not entitled for bail…”

9. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case and various provisions relating to search and seizure provided under the NDPS Act have been violated. He further submitted that the FIR was registered on 21.08.2022 on the basis of secret information. However, the petitioner was arrested on 03.09.2022 i.e. after a delay of 12 days from the date of registration of FIR i.e. 21.08.2022. While re