STATE OF PUNJAB v. V/s

Present: Mr. Angrej Singh Sarwara, Advocate, for the petitioner. MANJARI NEHRU KAUL, J. (ORAL) *****

Prayer in the instant petition filed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is for granting the concession of anticipatory bail to the petitioner in case FIR No.230 dated 21.06.2019 under Sections 22, 25, 29, 61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station City Barnala, District Barnala.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case; no recovery of any contraband was affected from the petitioner. It has also been submitted that although secret information was received qua four accused however, the petitioner was not one of those accused who was named in the secret information. Learned counsel further submits that in the circumstances, it is evident that the petitioner is innocent and has nothing to do with the co- accused qua whom the secret information was received.

Notice of motion POONAM RATHORE 2024.12.19 11:02 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M-63564-2024 -2-

At the asking of the Court, Mr. H.S. Deol Senior DAG Punjab accepts notice on behalf of the respondent-State.

Learned State Counsel has vehemently opposed the prayer and submissions made by the counsel opposite by drawing the attention of this Court to the FIR which has been annexed as Annexure P-1. Learned State counsel submits that false averments have been made that the petitioner was not named in the secret information rather a perusal of the FIR reveals that in the secret information it was categorically alleged that the other co-accused in connivance with the petitioner were indulging in drug trafficking. It has also been brought to the notice of this Court that the petitioner is a man of criminal antecedents as it is a matter of record that he is involved in 14 other criminal cases although none of those cases are under the Narcotic Drugs and Psychotropic Substances Act,

I have heard learned counsel for the parties and perused the relevant material placed on record including the FIR which stands reproduced here in under: “Copy of Ruqa, "Station Head officer Barnala Fateh, Today I ASI along with SI Harjinder Singh, Constable Gurbakhshish Singh no.494 on Govt. Vehicle number PB19-C-5885 which was being driven by head constable Hardeep Singh No.724 along with lab top, printer etc were present at Balmiki Chonk Barnala regarding patrolling and checking of suspicious persons, then at about

6.30 PM secret informer gave me information that Vicky son of Maghar Singh and Kaka Singh son of Dev Singh on scotri no.PB-19R- 5211 and Sarbo Kaur wife of Charna Singh scotri no. PB-07-AL-5649 residents of bus stand Barnala POONAM RATHORE 2024.12.19 11:02 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M-63564-2024 -3- are habitual of selling intoxicant tablets after taking from outside in their scooters in connivance with Gurdit Singh alias Neeta owner of cycle stand near bus stand after parking their scooters in his parking. Today also they will sell the intoxicant tablets after parking their scoters in Amar cycle stand. If raid is conducted now then intoxicants tablets can be recovered from Vicky Singh, Kaka Singh, Sarbo Kaur and Gurdit Singh alias Neeta at Amar cycle stand in their scooters. Information reliable. Therefore selling of is intoxicant tablets after getting it from outside by Vicky Singh, Kaka Singh, Sarbo Kaur and Gurdit Singh alias Neeta fulfils the ingredients of offence under section 22/25/29/61/85 of ND & PS Act. Therefore is being sent through constable Hardeep Singh no.724 for registration of case against Vicky Singh, Kaka Singh, Sarbo Kaur and Gurdit Singh alias Neeta after registration of case number be informed. Control room Barnala be informed through wireless message. Investigation officer be sent to the spot for further investigation. Sd/- Dharampal ASI Anti Narcotic cell Barnala, dated 21.06.2019 Balmiki Chonk Barnala at 7:00 pm after receiving the ruqa the offences registered against Vicky Singh, Kaka Singh, Sarbo Kaur and Gurdit Singh alias Neeta. Those are uploaded on computer CCTNS. Copy of FIR’s sent to the Illaqa Magistrate and higher officials. Original ruqa along with FIR sent through Hardeep Singh no.724. Control room Barnala informed.”

In the facts and circumstances as enumerated here-in-above more so, when the petitioner was specifically named in the secret information, no ground is made out to extend the extraordinary concession of anticipatory bail to the petitioner. POONAM RATHORE 2024.12.19 11:02 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M-63564-2024 -4-