VINOD K.SHARMA, J. - (1.) THIS order shall dispose of Crl. Misc. No. 48138-M of 2007 and Crl. Misc. No. 48946-M of 2007 as common questions of law and facts are involved in both these petitions.
(2.) THE petitioners of both these petitions, seek regular bail in FIR No. 39 dated 2.3.2007 registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (for short the Act) at Police Station, Sector 31, Chandigarh. For facility, facts are being taken from Crl. Misc. No. 48138-M of 2007.
(3.) FIRST Information Report was registered against the petitioners on the basis of written intimation sent by SI Naveen sharma of Operation Cell, Chandigarh Police, Sector 26, Chandigarh. FIR reads as under : 'To The SHO, PS Sector 31, Chandigarh. Sir, It is submitted that today, I, the S.I. along with HC Kabul Singh 2230, HC Jasbir Singh 1239, C. Karishan Kaushik 904, C. Roop Lal 3026, C. Rajinder Singh 578, C. Parveen Kumar 728, in official vehicle No. CHOI-G-6154 driven by HC Gurmeet Singh 103/CP, under the supervision of I/C of Operation Cell, Inspector Vijay Kumar was present at Tribune Chowk, Chandigarh in connection with patrolling and to check the crimes that Shri Puneet Anand S/o S.K. Anand resident of H.No. 5329, MHC, MM Chandigarh met me incidentally, who was talking to me, the SI that in the meantime, special informer having met me, the SI intimated that Varinder Singh R/o VPO Bamla, District Bhiwani, (HR), Abhilesh Sharma R/o Village Navrangbad, District Bhiwani (HR), Siya Ram R/o village Gatavli, District Jind (HR), student of D.A.V. College, Sector 10, Chandigarh and Surinder Singh Village Ram Raj, District Jind (HR) student of Khalsa College, Sector 26, Chandigarh are the members of the drug pedaling gang, who having brought drugs and contraband intoxicants in large quantity from Haryana from Drug Smuggler Daya Singh @ Kamal Grewal to Chandigarh smuggle the Charas and other contrabands and are minting heavy amount of money. After some time, all the aforesaid persons would get together at Jamun Garden situated near Gurudwara Kanthala, Industrial Area, Ram Darbar, Chandigarh. Even today, they are in possession of charas in large quantity and if the raid is conducted they can be apprehended and the charas in large quantity could be recovered from their possession. The information is correct and reliable. At about 3:00 PM, the intimation regarding this information has been sent in writing through C. Rajinder Singh 878 CP to Sri Mohan Lal Verma, Dy. S.P. Operations. I having given the instructions to the accompanying officials, along with aforesaid Puneet Anand proceeded to conduct the raid. At about 4:00 PM, four hair cut youth were noticed standing in the cluster of Jamun trees situated near Gurudwara, Kanthala, Industrial Area, Phase-I, Ram Darbar, Chandigarh, each one of them was holding polythene bags in their hands. I, the SI with the assistance of the accompanying officials apprehended them. On questioning, they disclosed their name and addresses as Abhilesh S/o Laxmi Chand R/o Village Navrangabad, P.S. Sadar, Bhiwani, District. Bhiwani (HR), Surinder Singh Son of Ram Rai, District. Jind (HR), Varinder Singh S/o Azad Singh R/o Village Bamla, P.S. Sadar Bhiwani, District Bhiwani (HR) and Siya Ram s/o Rishi Ram R/o VPO Gatwali, District Jind (HR). I the S.I, gave them the notice in writing, "I have got the information that you are in possession of charas and your search has to be conducted and if you deem it proper you could get your search conducted after calling the Gazetted Officer or Magistrate to the spot" whereupon Abhilesh, Surinder Singh, Varinder and Siva Ram aforesaid gave in writing that they have no objection in getting their search conducted in the presence of Gazetted Police Officer. They were kept stopped there. At 4:30 PM the intimation was sent in this regard on telephone to Shri Mohan Lal Verma, Dy. S.P. Operations Cell requesting him to reach the spot as per the information. At about 5:00 PM Shri Mohan Lal Verma, Dy. S.P. Operation Cell reached the spot in official vehicle. The Dy. S.P. having come to the spot enquired of the antecedents of Abhilesh, Surinder, Varinder and Siya Ram. Mohan Lal Verma, while disclosing his identity said, I am posted as Deputy S.P. Operation Cell, in Chandigarh Police and am a Gazetted Police Officer. I have got the information that you are in possession of charas in large quantity. Whether they want to get their search conducted in my presence or some Magistrate may be called to the spot." The Dy. S.P. gave separate notices to them whereupon Abhilesh, Surinder, Varinder and Siya Ram gave in writing that they had no objection in getting their search conducted in his presence. The Dy. S.P. ordered me, the S.I. to conduct the search of Abhilesh, Surinder, Varinder and Siya Ram separately as per procedure whereupon, I the S.I. conducted the search of the polythene bag colour white caught in the right hand of Varinder Singh as per procedure whereupon the charas wrapped in polythene envelope was recovered. On weighing on the spot it turned out to be 3.750 KG. Consequent upon conducting the search of the polythene bag colour yellow green caught in the right hand of Varinder Singh as per procedure whereupon the charas wrapped in polythene envelope was recovered; on weighing on the spot it turned out to be 3:00 KG. Consequent upon conducting the search of the polythene bag colour white caught in the left hand of Siya Ram as per procedure whereupon the charas wrapped in polythene envelop was recovered on weighing on the spot to be 1.750 KG. The aforesaid could not produce any licence or permit for keeping the charas in their presence. Having taken out 10 grams each from the four recovered quantity of charas wrapping in the polythene envelopes put the same in 8 small plastic boxes prepared the 8 parcel samples of the recovered charas and putting the remaining quantity of the recovered charas in the same polythene bags and putting the same in separate 4 cloth bags four parcels of charas were prepared and all the parcels were sealed with seal 'AS' by affixing two seals each on them and retaining the specimen of the seal, the seal was handed over to witness Puneet Anand aforesaid alter its use. The parcels and the specimen of the seal 'AS' were taken into police possession vide memo. The accused Varinder Singh, Surinder Singh, Abhilesh Sharma, Siya Ram and Daya Singh, having kept the recovered charas in their possession without any licence and permit have committed an offence punishable under section 20 NDPS Act. Hence, the writing is being sent through C. Parveen Kumar 728 to the Police Station for registration of case FIR. After registration of the case number thereof may kindly be intimated. I, the SI am busy with the investigations on the spot. The intimation has been given to the MHC/OPS Cell by way of telephone regarding the proceedings and investigations requesting to send some NGO to the spot. From Sd/- Naveen Sharma, SI, From Near Kanthala Gurudwara, OPS Cell, Section 26, Chd. Indl. Area. Ph. II, Ram Darbar 2.3.07 at 9:00 PM" ;