In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-36120 of 2010(O&M) Date of decision: 13.12.2010 Neeraj Masih ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.O.S.Batalvi, Advocate, for the petitioner. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 180 dated 14.12.2010, under Sections 21/ 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station City Batala District Gurdaspur. The contents of the FIR (Annexure P-1) read as under:- “Duty officer, Police Station City Batala, Today, I SI/SHO alongwith SI Sucha Singh No.408/BR I/C special Branch Batala, SI Kamal Kishore No.751/BR, HC Jaswinder Singh No.1940/BTL, HC Vijay Kumar No.847/TTN, HC Rajinder Pal No.2826/BTL, HC Gurdeep Criminal Misc. No.M-36120 of 2010(O&M) -2- Singh No.3098/BTL, HC Daljit Singh No.2045/BTL, HC Manjit Singh No.1524/BTL, HC Malkiat Singh No.2858/BTL on a government Zypsy bearing registration No.PB 08J 8401, Tempo Trax bearing registration No.PB 06E 2527 were present at Bridge Hansli Bank Colony and made a Naka over there. Time would be about 9.15 AM then we saw one Grey colour Tata Indica car without number plate coming from North-Eastern side towards Hansali bridge and I with the help of my associates stopped the car and asked them to come out from the car and then asked their names and addresses. Then driver of the car disclosed his name as Neeraj Masih son of Jagdish Masih, caste Christian, resident of Issa Nagar, Batala and another person disclosed his name as Gulshan Masih @ Guchi son of Najir Masih, resident of Issa Nagar, Batala and third one disclosed his name as Surinder Singh son of Bira Singh, caste Rajput, resident of Prem Nagar, Bohrawala, Batala. In the meanwhile, Karam Singh son of Daman Singh, resident of Khazala, Police Station Ghuman was crossing at the spot who was made to join the police party. I asked all the three persons namely Neeraj Masih, Gulshan Masih and Surinder Singh in presence of the witnesses that I have suspicion that some intoxicant substance is lying with you Criminal Misc. No.M-36120 of 2010(O&M) -3- and I wanted to search you but you have legal rights that you can search yourself either from me or some Gazetted officer or Magistrate. Upon this, the above mentioned three persons gave their consent that they should be searched in presence of any Gazetted officer and accordingly, I sent message at police station City to send any Gazetted Officer at the spot and have prepared non- consent memo of all the above mentioned three persons duly signed by them and the witnesses also put their signatures on the same. In the meantime, Sh. Manohar Lal, PPS, Deputy Superintendent of Police, City Batala reached at the spot after about 15 minutes alongwith his Gunman in a government Vehicle TATA SUMO bearing registration No.PB 06F 8587 who introduced himself to all the three persons one by one that I am Manohar Lal, Deputy Superintendent of Police and presently posted at City Batala. I am Gazetted Officer of Punjab Government. I have suspicion that some intoxicant substance is lying with you, so I wanted to get you search. You have legal right that you can get yourself search either from me or some Gazetted Officer or Magistrate. Upon this, the above mentioned three persons said that we have faith on you and you can get ourselves search or from others in your presence. Upon Criminal Misc. No.M-36120 of 2010(O&M) -4- this, separate consent memos of each person was prepared duly signed by them and the witnesses put their signatures on the same. On the instructions of the Deputy Superintendent of Police, search proceeding of Neeraj Masih son of Jagdish Masih, caste Christian, resident of Issa Nagar, Batala was conducted by me SI/SHO. On search, two packets (red colour and white colour) wrapped with the polythene were recovered from left and right inner side of his shirt and after checking the same, Heroine was found from it. After making the arrangement of weighing machine, parcel of two samples of 5 gms. Each Heroine was prepared from the red packet and put the seal on the same with the impression of “AS” duly verified/attested by Sh. Manohar Lal, Deputy Superintendent of Police, City Batala put the seal with “ML” impression. Then on wrighing the remaining packet, the same comes to 1 kg. 42 gms. Including polythene bag. Separate parcel of the same was prepared and I put the seal on the same with the impression of “AS” duly verified/attested by Sh. Manohar Lal, Deputy Superintendent of Police, City Batala with “ML” impression. The parcel of recovered Heroine was marked as R-1 and parcels of two samples were marked as S-1A and S-1B and two samples of 5 gms. Each was taken out Criminal Misc. No.M-36120 of 2010(O&M) -5- separately from other packets which are wrapped with polythene bag and have prepared the parcel and both the sample parcels were duly stamped with impression “AS” and attested by Deputy Superintendent of Police with his seal duly stamp with the “ML” impression. The parcel of recovered Heroine was marked as R-1 and both the sample parcels were marked as S-1A and S-1B. Then from the second packet wrapped in white polythene bag, two samples of 5 gms. Each Heroine were taken out and parcel of the same was prepared and put the seal on both the parcels with my impression of “AS” duly verified/attested by Sh. Manohar Lal, Deputy Superintendent of Police, City Batala with the seal duly stamped with “ML” impression. Then on weighing the remaining packet, the same comes to 780 gms. Separate parcel of the same was prepared and I put the seal on the same with the impression of “AS” duly verified/attested by Sh. Manohar Lal, Deputy Superintendent of Police, City Batala with “ML” impression. The parcel of recovered Heroine was marked as R-2 and parcels of two samples were marked as S-2A and S-2B. Then on search of Gulshan Masih @ Guchi son of Nazir Masih, caste Christian, resident of Issa Nagar, Batala, one packet was recovered from inner side of his shirt and after checking Criminal Misc. No.M-36120 of 2010(O&M) -6- the same, Heroine was found from it. Out of the same, parcel of two samples of 5 gms. Each Heroine was prepared and put the seal on the same with the impression of “AS” duly verified/attested by Sh. Manohar Lal, Deputy Superintendent of Police, City Batala with his Stamp impression of “ML”. Then on weighing the remaining packet, the same come to 1 kg. 42 gms. including polythene bag. Separate parcel of the same was prepared and I put the seal on the same with the impression of “AS” duly verified/attested by Sh. Manohar Lal, Deputy Superintendent of Police, City Batala with “ML” impression. The parcel of recovered Heroine was marked as R-3 and parcel of two samples were marked as S-3A and S-3B. Then on search of Surinder Singh son of Bira Singh, caste Rajput, resident of Preme Nagar, Bohrawala, Batala, one packet wrapped with the polythene was recovered from inner side of his shirt and after checking the same, Heroine was found from it. Out of the same, parcel of two samples of 5 gms. Each Heroine was prepared and put the seal on the same with the impression of “AS” duly verified/attested by Sh. Manohar Lal, Deputy Superintendent of Police, City Batala with “ML” impression. Then on weighing the remaining packet of Heroine, the same comes to 886 Criminal Misc. No.M-36120 of 2010(O&M) -7- gms. Separate parcel of the same was prepared and I put the seal on the same with the impression of “AS” duly verified/attested by Sh. Manohar Lal, Deputy Superintendent of Police, City Batala with “ML” impression. The parcel of recovered Henoine was marked as R-4 and parcels of two samples were marked as S-4A and S-4B. All the above mentioned parcels duly marked with R-1,R-2,R-3,R-4 and sample parcels duly marked with S-1A, S-1B,S-2A,S-2B,S-3A,S-3B,S-4A,S-4B were taken into police possession vide separate memo and Sh. Manohar Lal, Deputy Superintendent of Police, City Batala, Karam Singh son of Daman Singh, resident of Khazala, Police Station Ghuman and SI Sucha Singh have put their signatures on the same. On search of TATA India, no other article was recovered from it. The above mentioned three persons namely Neeraj Kumar, Gulshan Masih @ Guchi and Surinder Singh have committed an offence under Section 21,61,85 of NDPS Act by keeping the Heroine in their possession. So ruqa is being sent to the police station through HC Vijay Kumar No.847/TTN for registration of Case. Number be informed after registration of the case. Special reports be issued to the higher police officers and PCR be informed through wireless. I alongwith my police party/associates Criminal Misc. No.M-36120 of 2010(O&M) -8- are busy at the spot for investigation.” Learned counsel for the petitioner has submitted that the prosecution story coulde not be believed as it was impossible for a person to keep more than one kilogram of the contraband inside his shirt. After hearing learned counsel for the petitioner, I am of the opinion that the present petition deserves to be dismissed. The petitioner was apprehended at the spot. Commercial quantity of the contraband has been recovered from the accused. Hence, no ground for grant of bail to the petitioner is made out. Dismissed. (SABINA) JUDGE December 10, 2010 anita