Punjab-Haryana High Court
Vikramjit Singh vs State Of Punjab on 25 November, 2020
Author: Deepak Sibal
Bench: Deepak Sibal
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CRM-M-38833 of 2020
115IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-38833 of 2020
Date of Decision: 25.11.2020
Vikramjit Singh
...Petitioner
Versus
State of Punjab
....Respondent
CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL
Present:- Mr. S.K. Choudhary, Advocate, for the petitioner.
Mr. Amit Mehta, Sr. DAG, Punjab.
DEEPAK SIBAL, J. (ORAL)
Case taken up through Video Conferencing.
Through the present petition filed under Section 438 Cr.P.C. the petitioner seeks the grant of anticipatory bail in FIR No.160 dated 18.09.2020, registered under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Division No.I, District Pathankot.
The case of the prosecution is that on a secret information received by the police a raid was conducted in a building where three persons were present out of whom one escaped and the other two on being questioned disclosed their names as Rakesh Sharma and Ravdeep Singh. On being further questioned they disclosed the name of third person as Jugal Kishore. In the presence of Rakesh Sharma five plastic bags and one card board box were opened which were found to contain 862 Codetis Syrup bottles, 633 bottles of Esticod-I, 3500 SPM-PRX capsules, 03 strips 1 of 3 ::: Downloaded on - 20-12-2020 02:04:53 ::: -2- CRM-M-38833 of 2020 of Zelamsr 0.5 tablets, 12 strips of Carisoma tablets, 668 bottles of Opcod Syrup, 16010 capsules of Parvon Spas, 679 strips of Clovidet-100 tablets, 224 strips of Rivotril tablets, 625 strips of Lomotil tablets, 35 strips of Nitrovet tablets and 32 strips of Tryptomer tablets. Rakesh Sharma and Randeep Singh were arrested and their custodial interrogation revealed that they had brought the aforesaid narcotics from the petitioner and Jugal Kishore. On the basis of such information the petitioner was nominated as an accused.
Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the case; the only material against the petitioner is the disclosure statement of the co-accused which is inadmissible in evidence; no recovery has been made from the person of the petitioner; there is no other criminal case in which the petitioner is involved and the petitioner is ready and willing to join the investigation as and when called by the investigating agency.
There is huge recovery of narcotics from the petitioner's co- accused. The co-accused have clearly stated that the recovered narcotics have been supplied to them by the petitioner and Jugal Kishore.
The supply chain for the recovered drugs has to be established. Whether others are involved in the alleged crime is to be deciphered. For this and other reasons the petitioner's custodial interrogation is considered necessary.
Dismissed.
It is clarified that the above observations have been made by this Court to decide the present petition seeking anticipatory bail in which 2 of 3 ::: Downloaded on - 20-12-2020 02:04:53 ::: -3- CRM-M-38833 of 2020 investigation is still going on and therefore these observations be not construed as opinion on the merits of the case as trial of the petitioner is yet to take place.
(DEEPAK SIBAL)
November 25, 2020 JUDGE
R.S.
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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