IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AKASHDEEP SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12206-2025 DECIDED ON: 05.03.2025 AKASHDEEP SINGH .....PETITIONER VERSUS STATE OF PUNJAB .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. B.S.Bhalla, Advocate for the petitioner.
Mr. Jaspal Singh Guru, AAG Punjab SANDEEP MOUDGIL, J (ORAL)
1. Prayer The jurisdiction of this Court has been invoked under Section 482 BNSS for grant of anticipatory bail to the petitioner in FIR No.53 dated 06.09.2024 registered under sections 21, 22,25,29 (section 27-B of NDPS Act and section 25 of Arms Act added later on) NDPS Act, 1985 at Police Station State Special Operation Cell, District Amritsar.
2. Prosecution story setup in the present case as per the version in the FIR as under:-
"To, The SHO PoliceStation State Special Operation Cell, Amritsar, Jai Hind, Today, I Sub Inspector along with staff members SI Satwinder Singh, SI Gurjinder Singh, ASI Daljit Kumar, ASI Narinder Singh, ASI Ramanpreet Singh, Head Constable Navdeep Singh, Head Constable Jagjit Singh, Constable Gurbaj Singh, Constable Ranjinder Singh, Constable Jagroop Singh, and L/Constable Kulbir Kaur, were present at Bus Stand Amarkot in connection with the investigation of a case, along with government vehicles and mobile phones. A secret informer came and reported that Gurdeep Singh son of Ranjit Singh resident of Kalas Police Station Khemkaran, Tarn Taran, and Gurwinder Singh son of Mukhtiar Singh resident of Kalas, Police Station Khemkaran, Tarn Taran, are in contact with a Pakistani smuggler named Dogar, resident of Pakistan, and are actively involved in the smuggling of narcotics across the Indo-Pak border via drones. The informant further stated that recently, Gurdeep Singh and Gurwinder Singh obtained a consignment of narcotics sent by Dogar from Pakistan, and today, both of them are coming on a red Platina motorcycle without number plate to supply the said consignment to a party near the Bhurakona on the Khemkaran road by the canal. If a planned blockade of the area is conducted immediately, the aforementioned individuals can be apprehended with a large consignment of narcotics. This information was immediately brought to the notice of AIG SSOC Amritsar. The received information is deemed true and reliable, indicating the commission of offenses under sections 21, 22, 25, and 29 of the NDPS Act. Therefore, a ruga is being written and sent by hand with Constable Gurbaj Singh for the registration of a case. The case should be registered, and the case number should be communicated. Senior officers should be informed, and special reports should be issued. The DSP has been requested to reach the location. I, along with my team, am proceeding for the arrest of the accused and the recovery of narcotics based on this information. Location: Bus Stand Amarkot area. Time: 07:30 PM Sd/-: Sub-
Inspector Kanwar Igbal Singh, Police Station SSOC, Amritsar."
3. Contentions On behalf of the petitioner Learned counsel for the petitioner contends that the petitioner has been falsely roped in the instant FIR only on the basis of disclosure statement of co accused Ajaypal Singh @ Jagga and no recovery has been effected from the conscious possession of the petitioner apart from that no shadow of evidence is available to connect the petitioner with the offence in question. He further contends that the petitioner is ready and willing to join the investigation .
On behalf of the State On the other hand, state counsel who is present in Court accepts notice on behalf of respondent-state and prays for dismissal of the instant petition by submitting that the contraband involved is 518 grams of ice heroin along with Rs.13,30,000/- of total drug money recovered from all the co-accused and the petitioner also belongs to the same group. He further submits that the contraband recovered was procured from Pakistani smuggler namely Doggar from Indo-Pak border with the use of drone which hints towards the petitioner having relations
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