Harnaresh Singh Gill,J. - (1.)Case was taken up for hearing through video conferencing.
(2.)This is a petition under Section 482 Cr.P.C. for quashing of FIR No.75 dated 18.09.2013, registered at Police Station Ajitwal, District Moga, under Section 22 NDPS Act, 1985, and all the consequential proceedings arising therefrom, including the order dated 09.10.2018 (Annexure P-2), declaring the petitioner as a proclaimed offender.
(3.)The above noted FIR was registered with the allegations that when the police party was present at bus stand, village Dhudi Ke, in connection with patrolling and checking of suspects, two persons had been seen coming on motor-cycle bearing Registration No.PB-29F(T) 9122; that on seeing the police party, the driver of the motor-cycle fled from the spot, but the pillion-rider had been nabbed, who disclosed his identity as Sukhmander Singh (present petitioner), and had further disclosed the name of driver as Julfi Khan; that after preparing consent memo signed by the accused, the Investigating Officer had conducted the search of a polythene bag carried by the petitioner, following which recovery of 100 pouches of Microlit tablets each containing 100 tablets, had been effected; that one pouch of 100 tablets of Microlit was separated out as a sample and its parcel was prepared and the residue had been put in the same plastic bag; that both the parcels had been sealed by the Investigating Officer with the seal bearing impression 'GS'; that thereafter, all the necessary formalities had been completed; that on 26.09.2013, accused-Julfi Khan surrendered in the Court and was arrested in the above-noted FIR; that during inquiry, accused-Sukhmander Singh (petitioner) had been declared as innocent, and that after completion of necessary investigation, challan had been prepared and presented in the Court against coaccused, Julfi Khan only.