Crl. Misc. No.M-12099 of 2010 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-12099 of 2010 Date of decision: 24.02.2011 Ranvir Chand .. Petitioner Versus The State of Punjab .. Respondent Present:- Mr.Bhavyadeep Walia, Advocate, for the petitioner. Mr.M.C. Berry, Addl. A.G., Punjab. * * * * S.S. SARON, J. Heard counsel for the parties. The petitioner seeks pre-arrest bail in a case that has been registered on 29.12.2007 under Section 18 of the NDPS Act. The FIR has been registered on the basis of memo sent by ASI Satinder Singh, CIA Staff, Patiala to the SHO, Police Station Civil Lines, Patiala. Satinder Singh ASI along with other police officials was present near YPS Chowk, Patiala in a private vehicle in connection with patrolling. A secret information was received that Baldev Singh alias Bagga (non-petitioner) whose description is mentioned, was present in front of Gurudwara Moti Bagh Colony, Patiala and was looking for the customers to sell opium. He was in his Accent car and waiting for customers. If a raid was conducted, he could be apprehended. The information was credible and Deputy Superintendent of Police of the area was informed on the telephone. In the meantime, Naresh Pal, an independent witness came and he was joined in the police party. In front of Gurudwara Moti Bagh, Baldev Singh alias Bagga was found sitting in the Crl. Misc. No.M-12099 of 2010 ::2:: car and he was apprehended at about 5 p.m. He disclosed his name as Baldev Singh alias Bagga. A search was carried out on the person as per procedure and opium wrapped in a glazed paper, tied around the waist of Baldev Singh alias Bagga with the “parna” was recovered. The opium weighed 2 Kgs. Accordingly, the case was registered against Baldev Singh alias Bagga for the offence under Section 18 of the NDPS Act. The petitioner is not named in the FIR in any manner. Subsequently, Baldev Singh alias Bagga alleged that he had been falsely implicated at the behest of the petitioner. In this regard, an enquiry was conducted and during that enquiry, it is stated that the petitioner deposed an affidavit dated 22.12.2008 (Annexure R-1) in which, the petitioner inter alia stated that he has undergone life imprisonment since 1997. Baldev Singh was his (petitioners') old friend and used to visit him in jail. When he (petitioner) came out of jail, Baldev Singh alias Bagga used to ask him if he knew anyone who indulges in selling opium as persons involved in such offences were also in jail. The petitioner informed Baldev Singh alias Bagga that if someone comes in his contact, a meeting would be arranged. A boy named Guddu, resident of Bairelly, who was lodged in the barrack of the petitioner received a call from his brother Asif that he had come to Punjab with goods and to arrange someone who may purchase the same. The petitioner then called Baldev Singh alias Bagga to come and contact Asif directly. The meeting was arranged. However, Baldev Singh alias Bagga did not have the money and after some hesitation and persuasion, the petitioner agreed to pay the amount. Baldev Singh alias Bagga took the opium from Asif. The petitioner stated that he should not be involved in any way which may spoil his life. He was meeting his children after 12-13 years and he had already spoiled his life. They had assured the petitioner not to worry from their side. Thereafter, the petitioner did not know where Crl. Misc. No.M-12099 of 2010 ::3:: Baldev Singh alias Bagga had gone. The prosecution is to establish and prove its case by leading evidence. The recovery of 2 Kgs of opium is not from the person of the petitioner but from Baldev Singh alias Bagga (non-petitioner). The challan against Baldev Singh has been filed. The petitioner also had a dispute with Baldev Singh alias Bagga regarding sale of a house. While the petitioner was involved in the murder case. Baldev Singh had extended monetary help to him. The petitioner had agreed to sell his house, however, did not materialize. Thereafter, the petitioner agreed to pay a sum of Rs.2,50,000/- to petitioner but he had been avoiding to make the payment. It is in order to discharge his liability that the petitioner had only arranged the meeting between Baldev Singh alias Bagga and Asif. The petitioner in consequence of the interim bail granted on 28.04.2010 has joined the investigation. The challan against the petitioner has not so far been filed although it has been filed against Baldev Singh. Keeping in view the fact that the petitioner has joined the investigation and the recovery has not been effected from him (petitioner), it would be just and expedient that the interim bail granted to the petitioner by this Court vide order dated 28.04.2010 is made absolute. Accordingly, the interim order dated 28.04.2010 is made absolute. The criminal miscellaneous petition stands disposed of. (S.S. SARON) February 24, 2011 JUDGE sukhpreet