- (1.) Heard learned Counsel for the Petitioner.
(2.) The Petitioner seeks regular bail in a case registered against him on 1.2.2010 for the offence under Section 15 of the NDPS Act.
(3.) The FIR (Annexure-P.1) has been registered on the basis of memo sent by Bhola Singh, ASI, In-charge, Police Post Sitoo Gunno, Sadar Abohar. It is alleged by Bhola Singh, ASI that he along with other Police officials were present at the culvert of water course in the area of Village Ram Sra on the Abohar Hanumangarh road in connection with checking of vehicles. They had set-up a check post. A black colour car came from the side of Hanumangarh which was signalled to stop. The driver of the Logan car disclosed his name as Baljeet Singh (Petitioner). The other person sitting with him disclosed his name as Surjit Singh alias Harjit Singh. In the meantime, Tarsem Singh resident of Abohar came at the spot and he was joined in the Police party by narrating to him the circumstances. Bhola Singh, ASI disclosed his identity to Baljeet Singh and Surjit Singh and informed them that he had a suspicion that they were carrying some intoxicants in their car but they had a legal right to get the search of their persons and the car in the presence of a Magistrate or a gazetted officer. The said persons, namely, Baljeet Singh (Petitioner) and Surjit Singh said that they had faith in Bhola Singh, ASI and he could search their persons as well as the car. A consent memo in this regard was prepared which was signed by the witnesses. The search of the car was carried and four plastic bags were recovered from the boot of the car which were found to contain poppy husk. A sample of 250 grams was taken from each of the bags. The bags in all weighed 35 Kgs. each. The recovered quantity is commercial quantity. It is not in dispute that in the earlier case filed by the Petitioner it had been disclosed that there were two other cases pending against him and in FIR No. 330 dated 12.7.2003 registered at Police Station Sadar Fazilka for the offence under Section 15 of the NDPS Act the Petitioner had been convicted and sentenced to imprisonment for ten years.;