Crl.Misc.No.M-10469 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-10469 of 2008 Date of Decision: 2 - 3 - 2009 Balwinder Singh @ Pappu .....Petitioner v. State of Punjab and another .....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Prem Kumar, Advocate for the petitioner. Mr.Mehardeep Singh, AAG, Punjab. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present petition has been filed under Section 482 Cr.P.C seeking quashing of case FIR No.252 dated 14.10.2007 registered at Police Station Sadar Phagwara, District Kapurthala under Section 15/61/85 of the Narcotic Drugs and Psychotropic Substances Act (for short, `the Act'). Counsel for the petitioner has contended that it is a case of false implication. Petitioner being supporter of the Congress has been made victim by his opponents. To fortify this fact, counsel for the petitioner has drawn my attention to the reply filed by Harkamal Preet Singh, PPS, Deputy Superintendent of Police, Sub Division Phagwara in which he has stated that a DDR was recorded against the M.L.A. of Bhulath Constituency for using unparliamentary language due to in false implication of the petitioner. Crl.Misc.No.M-10469 of 2008 [2] In the context that petitioner has been falsely implicated due to political rivalry, it becomes necessary to notice the facts of the present petition for quashing. Case FIR No.252 dated 14.10.2007 was registered at Police Station Sadar, Phagwara under Section 15/61/85 of the Act on basis of secret information received, that petitioner indulge in sale, purchase and transportation of the poppy husk. Accordingly, on 14.10.2007 a naka was held. At Naka no vehicle came and no recovery was effected. Case of the petitioner is that he was taken from his house on 11.10.2007 and was mercilessly beaten and was released on 16.10.2007. Counsel for the petitioner submit that it is a case of political rivalry and atrocities have been committed upon the petitioner due to political reasons. The petitioner made a grievance regarding the maltreatment given to him before the Human Rights Commission. On 28.10.2007 police arrested one Sheetal @ Budu. Name of Sheetal @ Budu in the FIR is mentioned as accomplice of the petitioner. From Sheetal @ Budu 5 Kgs. of poppy husk was recovered. Sheetal @ Budu is stated to have made extra judicial confession on 16.10.2007 before one MHC Kashmir Singh Mahi wherein he has stated that he had delivered poppy husk at 10 places. The truck was later also recovered. Counsel for the petitioner has submitted that it is apparent case of false implication. The version given by the prosecution is unnatural, improbable and unconvincing. Counsel for the State has submitted that report under Section 173 Cr.P.C. has been submitted against the petitioner in the Court of Shri Arunvir Vashistha, Special Judge, Kapurthala. Crl.Misc.No.M-10469 of 2008 [3] Contentions raised by the petitioner merit attention. The same can be raised before the trial Court at time of framing of charge. Counsel has contended that since no recovery has been effected from the petitioner, therefore, no offence under Section 15 of the Act is made out against him. Improbability of the version of the prosecution or it is not convincing, cannot be the para meters for exercising powers under Section 482 Cr.P.C. Petitioner, if so advised may raise all arguments including one raised in this petition before trial Court at the time of framing of charge. The trial Court is expected to pass a detailed speaking order. With above observations, the present petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) March 2, 2009. JUDGE RC