The court ruled that anticipatory bail cannot be granted under the NDPS Act when the accused is implicated through co-accused confessions and has a history of drug offenses.

JUDGMENT

N.S.Shekhawat, J.

CRM-47497-2023

The applicant-petitioner has filed the present application under Section 482 Cr.P.C. for placing on record additional documents as Annexures P-8 and P-9.

2. Application is allowed. Annexures P-8 and P-9 are taken on record.

CRM-M-46226-2023

3. The petitioner has filed the instant petition under Section 438 Cr.P.c. with a prayer to grant anticipatory bail to him in Complaint No.855 titled as "Intelligence Officer, Directorate of Revenue Intelligence, Amritsar v. Jatinder Singh @ Laddu and another", dated 12.12.2022, under Sections 8, 21(c), 27, 28, 29, 60 and 61 of NDPS Act, 1985, registered at DRI Amritsar.

4. As per the complaint, a specific intelligence was received by the officials of Directorate of Revenue Intelligence (hereinafter referred to as 'the DRI') at 7.30 am on 12.12.2022 and the same was immediately reduced into writing and was sent to the higher officers. Subsequently, a team of DRI along with panchas witnesses kept surveillance near Hotel Four Seasons, East Mohan Nagar, Amritsar. At about 3.30 p.m. two suspected persons resembling to the intelligence came near the said Hotel. Both of them were intercepted and they tried to escape from the spot. However, one of the persons was overpowered by DRI officials, whereas other person managed to escape from the scene. On inquiry, the said person disclosed his identity as Jatinder Singh @ Laddu son of Sh. Gurmukh Singh, resident of L-3/293, Near Deep Palace, Dasmesh Colony, Sultanwind Road, Amritsar and told the other person's identity as Pardeep Kumar @ Prince Bahman. After serving notice under Section 50 of the NDPS Act, the personal search of Jatinder Singh @ Laddu was conducted and in the presence of independent panchas and a gazetted officer, a black coloured polythene pouch containing some material was recovered from the right pocket of the jacket worn by Jatinder Singh @ Laddu, accused. On opening the polythene pouch, it was found that it contained 264.6 grams of heroin. Later on, the voluntary confessional statement of Jatinder Singh @ Laddu was recorded at 10.00 p.m. on 12.12.2022 under Section 67 of the NDPS Act, 1985, wherein, he admitted that for monetary benefits and his personal use, he was doing business of supply of heroin and opium with Pardeep Kumar @ Prince Bahman, petitioner since last two years. He also admitted that Pardeep Kumar @ Prince Bahman is a drug trafficker, who runs the racket of heroin smuggling and also admitted the mode and factum of recovery of heroin as mentioned in the Panchnama dated 12.12.2022. He further admitted that again at 10.00 p.m. on 13.12.2022, voluntary confessional statement of Jatinder Singh @ Laddu was recorded, wherein, he stated as under:-

"That in the morning of 13.12.2022, he went near Gali Gurudwara Toot Sahib with DRI officers to verify and confirm the residential premises of the accused No.2 Pardeep Kumar @ Prince Bahman.

That he went there with DRI team and remotely confirmed the house of the accused No.2 Pardeep Kumar. He stated that besides the work of the drug trade, the accused No.2 Pardeep Kumar is working as a Driver somewhere.

That he had been working as a supplier of heroin & opium for financial gain and in exchange for heroin for personal use for the last two years with the accused No.2 'Prince Bahman', whose real name is Pardeep Kumar.

That accused No.2 Pardeep Kumar @ Prince Bahman gave him Rs.80,000/- for the operation of his father. That a case of 5 grams of heroin was registered against the accused No.2 in 2018 in Police Station, B-Division (Amritsar), that heroin was given to him by the accused No.2 Pardeep Kumar @ 'Prince Bahman'.

That he had been indulged in 04 deals of drugs with the accused No.2 Pardeep Kumar.

That he do not remember the exact time of the said deals of narcotic substances. But all the said deals were made in the last 1-1 ½ years.

That the complexion of the accused No.2 Pardeep Kumar was fair and he had less hair on his head. He has a fit body