- (1.) The petitioner has applied for bail in a case registered vide FIR No.50 dated 10.03.2011, under Sections 15/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short NDPS Act ] at Police Station Shahkot, District Jalandhar.
(2.) The petitioner has reproduced the following translated FIR: "The SHO, P.S.Shahkot. Today, I, ASI Arjan Singh, HC Jaswant Singh 1088, HC Nishan Singh 651, HC Harjinder Singh 227, C Jagir Singh 732 were present at T-Point of village Lasoori in relation with patrolling and checking of suspicious persons, in official vehicle bearing registration no.PB-08-AB-9602 when a confidential informer came present and gave information that Jagjit Singh alias Jagga s/o Gurmukh Singh caste Jatt Sikh r/o Manakpur, along with his servant Raju Yadav Bhaiya, is sitting with a large quantity of buds of poppy husk among the few small plants of sugarcane near his dera and are preparing to put them in bags for selling them. If a raid is conducted immediately then both of them can be apprehended along with the buds. At which, I, along with co-officials, conducted a raid and both the above mentioned persons were apprehended weighing the buds of poppy husk with handheld weighing scale and weights and filling plastic bags from open mouthed gunny bags and on enquiring their names and addresses they identified themselves as the above mentioned, from whom four open gunny bags of buds of poppy husk were recovered. Two samples of 250 grams each were separated from each gunny bag and the remaining buds of poppy husk in the gunny bags were weighed and each gunny bag weighed 29 Kgs. 500 grams. I, ASI, affixed my stamp H.S. on each of the samples and gunny bags of buds of poppy husk and along with handheld weighing scale, weights 2 Kgs., 1 Kg., 500 grams, 200 grams and 50 grams and 5 empty plastic bags, took it into police custody vide separate recovery memo. Form-29 was prepared separately. The stamp, after use, was handed over to ASI Arjan Singh. Above mentioned Jagjit Singh alias Jagga s/o Gurmukh Singh and Raj Yadav Bhaiya s/o Abu Yadav caste Yadav r/o Nesarpur, P.S.Purnia, District Nariyal, Bihar, at present servant of above mentioned Jagjit Singh have committed an offence u/s 15-61-85 NDPS Act by keeping 120 Kgs. of buds of poppy husk in their possession. Therefore, this ruqa is being written and sent by hand of HC Harjinder Singh 227 to the Police Station for registration of case. The case number, after registration, may be conveyed. Special reports may be sent to the superior officers. I, along with co-officials, am busy in investigation. Sd/- Harjit Singh ASI, CIA Staff, Jallandhar. Dated 10.03.2011."
(3.) The petitioner had also applied for bail before the learned Trial Court but it was dismissed on 19.07.2011 in terms of Section 37 of the NDPS Act.;