VIPANDEEP SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2024-5-68
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 13,2024

Vipandeep Singh Appellant
VERSUS
STATE OF PUNJAB Respondents


Referred Judgements :-

STATE OF RAJASTHAN V. BALCHAND ALIAS BALIAY [REFERRED TO]
NAGENDRA V. KING EMPEROR [REFERRED TO]
GUDIKANTT NARASIMHULU VS. PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH [REFERRED TO]
GURCHARAN SINGH RAJ KUMAR SHARMA VS. STATE DELHI ADMINISTRATION :STATE DELHI ADMINISTRATION [REFERRED TO]
GURBAKSH SINGHSIBBIA SARBAJIT SINGH VS. STATE OF PUNJAB [REFERRED TO]
K N JOGLEKAR VS. EMPEROR [REFERRED TO]
EMPEROR VS. HLHUTCHINSON [REFERRED TO]


JUDGEMENT

KULDEEP TIWARI, J. - (1.)Through the instant petition filed under Sec. 439 Cr.P.C. the petitioner prays for grant of regular bail in case FIR No. 313 dated 30,.11.2022, under Sec. 21 of NDPS Act, registered at Police Station Division No. 5, District Police Commissionerate Ludhiana. ALLEGATIONS AGAINST THE PETITIONER
(2.)The instant FIR has been registered on a complaint made by ASI Amarjit Kumar. The relevant extract of the complaint reads as under:-
"On 30/11/2022, ASI Amarjit Kumar, was present along with other police officials at barricading held at Midha Chowk, Near Bus Stand, Ludhiana, then at around 7.30 PM, a secret informer came and informed that the petitioner is in the business of selling of heroin and is coming to Ludhiana city by bus to supply heroin to Kochhar market side and if there is strict checking of the suspicious man, the petitioner can be apprehended with a large amount of heroin. Believing the information, to be true and reliable, a ruqa was sent for registration of the case. Thereafter, the petitioner was rounded up and on his search, 280 grams of heroin was recovered from his possession."

(3.)What transpired from the perusal of the FIR (supra) is that on the basis of secret information, the present petitioner was rounded up by the police, and thereupon, on his search, 280 grams of heroin was recovered, which led to registration of the instant FIR. SUBMISSIONS OF THE LEARNED COUNSEL FOR THE PETITIONER


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