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This order shall dispose of two petitions titled above, as both of them pertain to same FIR.

2. In CRM-M-59325-2023 filed under Section 439 Cr.P.C., petitioner Arshdeep Singh @ Arsh prays for his release on regular bail in case FIR No.51 dated 13.09.2023 registered under Section 21, 29 of NDPS Act, 1985 registered at Police Station Mattewal, District Amritsar; whereas in CRM-M- 51269-2023 filed under Section 482 Cr.P.C., petitioner Kulwant Kaur, the mother of Arshdeep Singh @ Arsh, prayed for directions to be issued to SSP, Amritsar Rural to constitute a Special Investigation Team for fair investigation.





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                                                           Neutral Citation No:=2024:PHHC:017277




CRM-M-59325-2023                                      2024:PHHC:017277
CRM-M-51269-2023                                      2024:PHHC:017278

3. Separate status reports have already been filed on behalf of respondent- State in both the cases.

4. As per the prosecution version, on 13.09.2023, SI/SHO Police Station Mattewal, District Amritsar along with other police officials was on regular checking at Village Nibarwind. Police party was checking the vehicles. A young person was found coming on a motorcycle from the side of Sadhpur, who at the sight of the police party tried to run away by taking U-Turn. He was apprehended and disclosed his name as Arshdeep Singh @ Arsh (petitioner in CRM-M-59325-2023). Suspecting that he could possess illegal substance, notice under Section 50 of the NDPS Act was served upon him informing him of his legal right to get his search conducted in the presence of Gazetted Officer or any Magistrate. Petitioner opted to get his search conducted in presence of the Gazetted Officer. Necessary memo was prepared. DSP Sub- Division Majitha was requested on his mobile to reach the spot. After sometime, DSP Sub-Division Majitha along with his police party came to the spot, who was apprised of the facts and who also served notice under Section 50 of the NDPS Act to the petitioner. As the petitioner reposed faith in DSP Sub-Division Majitha, necessary consent memo was prepared and then on the direction of DSP Sub-Division Majitha, search of petitioner was conducted. A transparent polythene bag was found from the left side of the waist of petitioner Arshdeep Singh @ Arsh and on checking, it was found to contain Heroin. Upon weighing, its weight was found to be 510 grams. After making necessary compliances, recovery memo was prepared. Petitioner along with recovered property was produced before the Court, where samples were drawn Page N: 2 of total 6 Pages 2 of 6 Neutral Citation No:=2024:PHHC:017277 CRM-M-59325-2023 2024:PHHC:017277 CRM-M-51269-2023 2024:PHHC:017278 and sealed. One of the sample parcels was sent to the RTFSL Amritsar and the report confirmed the recovered substance to be Heroin. Petitioner Arshdeep Singh @ Arsh also suffered disclosure statement that he had purchased the contraband from one Vardan. Section 29 of the NDPS Act was added and said Vardan was arrested on 07.11.2023. After completion of investigation final report under Section 173 Cr.P.C. was presented in the Court on 29.11.2023.

5. It is contended on behalf of petitioner Arshdeep Singh @ Arsh that he has been falsely implicated; that provisions of Section 50 of the NDPS Act were not complied, as no Gazetted Officer was called at the spot; that no independent witness was joined; that petitioner had earlier moved a petition before this Court for constituting a Special Investigation Team by filing CRM- M-51269-2023, in which notice of motion has been issued; that his mother also moved various representations to the SSP, Amritsar Rural in this regard; that petitioner is in custody since sufficient long time; that trial may take time to conclude and so, he be allowed bail.

7. The reply filed on behalf of respondent- State would reveal that representation of the petitioner was duly enquired into by Superintendent of Police, PBI, District Amritsar Rural and it was found that prior to registration of the FIR, no other FIR had been registered. The present FIR was registered as son of the petitioner was caught with 510 grams of Heroin. It was further found that no mobile was recovered from the possession of Arshdeep Singh @ Arsh at the time of his apprehension. The call detail records of Arshdeep Singh @ Arsh, besides Jagdeep Singh and Arshdeep son of Ajaib Singh were also collected and it was found that Arshdeep Singh @ Arsh, the son of the petitioner Kulwant Kaur was rightly arrested. The allegations made in the representation were found false and so, the same was consigned.