- (1.) Jitender Singh @ Jatin and Baljinder Singh @ Jangi, the petitioners, by way of the above mentioned two petitions, have sought regular bail in a case registered by way of FIR No. 113 dated 30.12.2011 at Police Station Sirhind, District Fatehgarh Sahib, for an offence punishable under section 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'the Act').
(2.) Learned counsel for the petitioners has submitted that the police party headed by Gurpinder Pal Singh, SI, claims to have arrested the petitioners and recovered heroin from their possession. According to him, the FIR speaks of this recovery during a nakabandi. According to him, the petitioners sought information under Right to Information Act from Police Station Sirhind, District Fatehgarh Sahib vide Annexure P-2 where it is mentioned that on 30.12.2011 from 9.00 AM to 2.00 PM no nakabandi was set up. According to him, this information itself proves the FIR to be false.
(3.) Learned counsel for the petitioners has further contended that the eye witnesses of the occurrence have given affidavits Annexures P-3 and P-4 respectively wherein they have stated that nothing was recovered from the possession of the petitioners and that they were picked up by the police forcibly and were taken in custody alongwith their vehicle. He has further submitted that the aforesaid circumstances clearly show that the case is false. He has further submitted that the petitioners are in custody for the last more than nine months and they are, therefore, entitled to bail.;