M.L.SINGHAL, J. - (1.) HEARD . The prosecution case, in brief is that on 24.1.2001, SI Gurbaz Singh, Incharge, CIA Staff, Samana was present at bus stand Fatehhpur in connection with the checking of anti-social elements on account of the Republic Day. It was 4.30 a.m. At that time, SI Gurmel Singh, HC Jagrup Singh, HC Ranjit Singh etc. were with him. He received secret information that Gurmit Singh alias Mita son of Gurbachan Singh resident of village Kakhanwali, Devinder Singh alias Kaka son of Kashmir Singh resident of Kandu Khera, Mahavir son of Kishan Jat resident of Abub Shahir, Munish Singh alias Munna son of Mahavir resident of Mazari, Balraj Singh son of Nazar Singh resident of Mehna, Jagmail Singh alias Bhattu son of Nazar Singh resident of Khiowali were dealing in the sale of poppy husk with the use of cars in the area of village Bijalpur and Hunewala and if a naka was laid, they could be apprehended while carrying poppy husk in cars in these villages and poppy husk could be recovered in huge quantity from them. On the receipt of this information, case FIR No. 54 dated 24.1.2001 was registered at PS Samana under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
(2.) DURING the course of nakabandi, SI Gurbaz Singh intercepted Matiz car in which 3 persons were travelling. One of them was sitting on the back seat of the car. He was alleged to have run away taking advantage of the thick fog. Two persons sitting on the front seat of the car were apprehended. They disclosed their names as Devinder Singh alias Kaka and Gurmit Singh alias Mita. Two bags each containing 35 kgs. of poppy husk was recovered in the presence of DSP by SI Gurmail Singh. Other police party headed by SI Gurbaz Singh intercepted car No. PB-10-J-8969 Ceilo black. Munish Singh alias Munna was apprehended while Balraj Singh and Jagmail Singh alias Bhattu managed to run away. Ceilo car was found carrying 4 bags containing poppy husk. Learned counsel for the petitioner submitted that this case was engineered falsely by the police. On 21.1.2001, SI Gurbaz Singh, Incharge, CIA Staff, Samana conducted a raid at Abub Shahir in connection with case FIR No. 566 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Samana against Munish Singh alias Munna. On 21.1.2001 at 5 P.M. DDR No. 17 was recorded in the roznamcha of PP Chautala by HC Balraj Singh on 21.1.2001 at 9 P.M. that he along with SI Gurbaz Singh raided Abub Shahir and arrested Devinder Singh alias Kaka, Gurmit Singh alias Mita and Munish Singh alias Munna alongwith a Matiz car and came back to PP Chautala. Annexure P-3 is the copy of DDR No. 17 dated 21.1.2001 recorded at PP Chautala by HC Balraj Singh. One Zail Singh filed complaint Annexure P-4 against SI Gurbaz Singh Incharge CIA Staff, Samana and others under Sections 342, 323, 355, 362, 365, 452, 504, 506, 166, 167, 148, 149 IPC in the court of Judicial Magistrate First Class, Dabwali on 22.2.2001. It was submitted by the learned Counsel for the petitioner that if on 21.1.2001 at 5 P.M. an entry was made in the roznamcha of PP Chautala by HC Balraj Singh that he along with SI Gurbaz Singh had raided Abub Shahir and arrested Devinder Singh alias Kaka, Gurmit Singh alias Mita and Munish Singh alias Munna along with a Matiz car, it would be incongruous that on 24.1.2001 at 4.30 a.m., Devinder Singh alias Kaka and Gurmit Singh alias Mita were intercepted with Matiz car carrying 2 bags of poppy husk and also car No. PB-10J-8969 Ceilo was intercepted carrying 4 bags of poppy husk with Munish Singh alias Munna in it. It was submitted that if they had been intercepted on 21.1.2001 at 7 p.m. they must have been in custody on 24.1.2001. It was submitted how could they be intercepted on 24.1.2001 with poppy husk in their possession in Samana area. It was submitted that if such is the position, there is no surprise that the accused might not have committed the offence.
(3.) IN my opinion, the submission made by the learned Counsel cannot be brushed aside easily. No wonder, the accused has not committed any offence. So, bail to him to the satisfaction of Chief Judicial Magistrate, Patiala. Petition allowed.;