0

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-________ of 2017

Ajay Kumar Petitioner

Versus

State of Punjab Respondent

INDEX

S.NO. PARTICULARS DATED PAGES C.FEE

A Urgent Form 21.06.2017

1 Memo of parties 21.06.2017 1
2 Petition under Section 438 Cr.P.C. 21.06.2017 2 10
3 Affidavit 21.06.2017 11 11A
Annexure
4 P-1(FIR) 12.01.2017 12 21
5 P-2(Rejection Order) 09.06.2017 22 25
6 P-3 (Order passed by ASJ, Amritsar) 06.04.2017 26 31
VERNACULARS
6 P-1(FIR) 12.01.2017 32 41
7 P-2(Rejection Order) 09.06.2017 42 46
8 Power of Attorney 16.06.2017 47
Total Court Fee Rs.__________

Chandigarh (PRATHAM SETHI) (SUVIR SIDHU)

Dated: 21.06.2017 P-3597-2012 P-970-2013
ADVOCATES
COUNSEL FOR THE PETITIONER
 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM -M-________ of 2017

MEMO OF PARTIES

Ajay Kumar, aged 41 years son of Girwar Lal Sharma, R/o Kothi No.7, Shastri

Nagar, Lawrence Road, Amritsar.

... Petitioner

Versus

State of Punjab ... Respondent

Chandigarh (PRATHAM SETHI) (SUVIR SIDHU)

Dated: 21.06.2017 P-3597-2012 P-970-2013
ADVOCATES
COUNSEL FOR THE PETITIONER

Settled by
Dr. Anmol Rattan Sidhu
Senior Advocate
 2

First Petition under Section 438 read with Section 482 of

the Code of Criminal Procedure for grant of anticipatory

bail to the petitioner in FIR No.12 dated 12.01.2017,

under Sections 18 & 21 of N.D.P.S. Act, 1985, registered at

Police Station Sadar Amritsar, District Amritsar (Annexure

P-1), keeping in view the facts and circumstances

mentioned in the present petition.

AND
Further prayed that during the pendency of this petition,

ad-interim bail may kindly be granted to the petitioner.

AND
Further prayed that filing of certified/typed copies of

Annexures P-1 to P-3 may kindly be exempted.

MOST RESPECTFULLY SHOWETH:-

1. That the petitioner is a peace loving and law abiding resident of

India and has been falsely implicated in the above mentioned FIR. It is

submitted that the present FIR is nothing but a tool used by the complainant

in active connivance of Punjab Police to harass and pressurize the petitioner

to accede to his unjustified demands. The complainant implicating the

petitioner in this false and frivolous case is literally misusing the law and also

the state machinery. The petitioner has no other option but move to this

Honble court with this present petition, seeking anticipatory bail. For the

kind perusal of this Honble Court, true translated copy of FIR dated

12.01.2017 is annexed herewith as Annexure P-1. Apprehending arrest, the

 3

petitioner approached the Ld. ASJ, Amritsar but the Ld. ASJ, Amritsar without

appreciating the facts and evidence produced by the petitioner dismissed the

bail application of the petitioner vide order dated 09.06.2017. For the kind

appreciation of this Honble Court, true copy of order dated 09.06.2017 is

annexed as Annexure P-2.

2. That before adverting to the grounds of challenge, it is desirable

to discuss the factual matrix that is required to be exposited for the purpose

of disposal of the present petition:-.

(i) One FIR bearing NCB Crime No.01/2017 dated 03.01.2017

under Section 8, 18 & 62 of the NDPS Act was registered by

Narcotics Control Bureau against Sanjay Sharma, the real

brother of the petitioner. It is pertinent to mention here that the

present petitioner is not an accused in the above mentioned

case.

(ii) Thereafter, the various officers of the Punjab Police started

demanding bribe from the petitioner and his family. They were

also threatened by the police to the extent that either they

should fulfill the demand of the police or the petitioner or his

family members would be implicated in cases. The petitioner

being the only responsible male member of the family, called his

real brother in law, namely, Sh. Sunil Sharma (co-accused) in the

present case, to support him and his family during the bad time.

For the kind appreciation of this Honble Court, true copy of

 4

order dated 06.04.2017 indicating the address of the co-accused

Sunil Sharma of Delhi is annexed as Annexure P-3.

(iii) Thereafter, when co-accused brother in law went to the police,

and the Local Police entangled him in the instant FIR with total

false and frivolous allegations alleging that when Inspector

Palvinder alongwith police party was present at Bus Stand Vijay

Nagar, Batala Road in connection with patrolling and search of

bad elements where ASI Parminder Singh alongwith other police

officials reached and told that Sanjay Kumar & Ajay Kumar has

taken a room on rent from Balwant Singh at Parkash Vihar in

front of Chopra Mobile Store and they both kept the heavy

quantity of Intoxicant medicines and if raid is conducted,

recovery could be made.

(iv) On the basis of said information, police party raided the house

and heavy quantity of intoxicant medicines was recovered and

co-accused Sunil Sharma was arrested at the spot.

(v) Hence, the present petition for the grant of anticipatory bail.

GROUNDS

The Honble Apex Court in its judicial pronouncement titled as Som Mittal v.

Govt. of Karnataka, (2008) 3 SCC 753 has stated as under:-

xxxxx. 52. Thus the provision for anticipatory bail was introduced in the
Code of Criminal Procedure because it was realised by Parliament in its
wisdom that false and frivolous cases are often filed against some persons
and such persons have to go to jail because even if the first information report
 5

is false and frivolous a person has to obtain bail, and for that he has to first
surrender before the learned Magistrate, and his bail application is heard only
after several days (usually a week or two) after giving notice to the State.
During this period the petitioner has to go to jail. Hence even if such person
subsequently obtains bail his reputation may be irreparably tarnished, as
held by the Supreme Court in Joginder Kumar case [(1994) 4 SCC 260 : 1994
SCC (Cri) 1172 : AIR 1994 SC 1349] . The reputation of a person is a valuable
asset for him just as in law the goodwill of a firm is an intangible asset. In The
Gita Lord Krishna said to Arjun:

For a self-respecting man, death is preferable to dishonour.

(The Gita, Chapter 2, Shloka 34)

The Ld. ASJ ought to have appreciated the concept of Personal Liberty as the

law of the land defined under Article 21 of the Constitution of India .The

petitioner through the present petition seeks panacean intervention if this

Honble Court inter-alia on the following:-

i. Because the Ld. ASJ hurriedly did not appreciate the fact that

admittedly, neither the petitioner was arrested from the spot

nor any alleged recovery was effected from him. Thus, the

petitioner was not found in conscious possession of the alleged

contrabands. It is humbly submitted that there were large

number of police officials in the raiding party. As per the version

of the Investigating Officer, they raided the house where two

young persons were found present and the petitioner ran away

from the house. All the police officials were armed with the

dandas and other weapons. Considering the above mentioned,

 6

two things become dubious:- (i) the story narrated by the

prosecution (ii) the presence of the petitioner on the spot

ii. Because the entire story of FIR is based upon the information

and Sunil Sharma and Ajay Sharma both brothers have taken the

house on rent. But the present petitioner has wrongly been

implicated in the present case as the father name of the

petitioner is Girawar Lal Sharma and in the FIR, the father name

of Ajay Kumar has been mentioned as Om Parkash Sharma. But

the police is adamant to arrest the petitioner in the present case

instead of searching real culprit. Furthermore, the alleged

recovery is shown from a house, which infact is not a house but a

godown and neither there is any document nor any agreement

on record with the police to show that alleged place of recovery

has any connection with present petitioner or co-accused.

iii. Because the alleged recovery was effected at about 6 p.m. on

11.01.2017 in the presence of so many police officials alongwith

one Vijay Kumar son of Ram Parkash but Inspector Palvinder

Singh handed over his seal after use to ASI Harjinder Singh. It

was not handed over to independent witness, who was part of

the team. Reliance is placed upon the judicial pronouncement

delivered by this Honble Court in case titled as Dayal Singh v.

State of Punjab 2007(2) R.C.R.(Criminal) 596.

iv. Because, the Ld. ASJ ought to have appreciated the fact that the

petitioner have two properties in the vicinity of Amritsar and he

 7

is residing at Kothi No.7, Shastri nagar, Lawrance Road,

Amritsar(owned by Sanjay Sharma, wife Shalini Sharma, the

present petitioner & his wife Reena Sharma) and the brother

Sanjay Sharma is residing at house No.1242, Gali Arorian Chowk

Farid, Amritsar(owned by mother Late Smt. Bimla Devi) , which

clearly goes to show that the present petitioner is having no

concern with the business of the brother and is not aware of his

day to day activities.

v. In Rashmi Rekha Thatoi v. State of Orissa, (2012) 5 SCC 690 , the

following view with respect to the grant of Anticipatory Bails has

been expressed :-

Dipak Misra, J. Leave granted in both the petitions.

2. Liberty is to the collective body, what health is to every

individual body. Without health, no pleasure can be tasted
by man; without liberty, no happiness can be enjoyed by
society. [The Works of Lord Bolingbroke with a Life, Vol. 2
(Carey and Hart, 1841) 391] Thus spoke Bolingbroke.

3. Liberty is the precious possession of the human soul. No

one would barter it for all the tea in China. Not for nothing
Patrick Henry thundered:
Is life so dear, or peace so sweet, as to be purchased at the
price of chains and slavery? Forbid it, Almighty God! I know
not what course others may take, but as for me, give me
liberty, or give me death! [ Patrick Henry, Speech in House
of Burgesses on 23-3-1775 (Virginia)]
 8

4. The thought of losing one's liberty immediately brings in a

feeling of fear, a shiver in the spine, an anguish of terrible
trauma, an uncontrollable agony, a penetrating nightmarish
perplexity and above all a sense of vacuum withering the
very essence of existence. It is because liberty is deep as
eternity and deprivation of it, infernal. Maybe for this the
protectors of liberty ask, How acquisition of entire wealth
of the world would be of any consequence if one's soul is
lost? It has been quite often said that life without liberty is
eyes without vision, ears without hearing power and mind
without coherent thinking faculty.

5. Almost two centuries and a decade back thus spoke

Edmund Burke:
Men are qualified for civil liberty, in exact proportion to
their disposition to put moral chains upon their own
appetites; in proportion as their love to justice is above their
rapacity; in proportion as their soundness and sobriety of
understanding is above their vanity and presumption; in
proportion as they are more disposed to listen to the counsel
of the wise and good, in preference to the flattery of knaves.
Society cannot exist unless a controlling power upon will
and appetite be placed somewhere and the less of it there is
within, the more there must be without. It is ordained in the
eternal constitution of things that men of intemperate minds
cannot be free. Their passions forge their fetters. [ Alfred
Howard, The Beauties of Burke (T. Davison, London) 109]

6. Similar voice was echoed by E. Barrett Prettyman, a

retired Chief Judge of US Court of Appeals:
In an ordered society of mankind there is no such thing as
unrestricted liberty, either of nations or of individuals.
Liberty itself is the product of restraints; it is inherently a
 9

composite of restraints; it dies when restraints are

withdrawn. Freedom, I say, is not an absence of restraints; it
is a composite of restraints. There is no liberty without
order. There is no order without systematised restraint.
Restraints are the substance without which liberty does not
exist. They are the essence of liberty. The great problem of
the democratic process is not to strip men of restraints
merely because they are restraints. The great problem is to
design a system of restraints which will nurture the
maximum development of man's capabilities, not in a
massive globe of faceless animations but as a perfect
realisation, of each separate human mind, soul and body; not
in mute, motionless meditation but in flashing, thrashing
activity. [ E. Barrett Prettyman, Speech at Law Day
Observances (Pentagon, 1962), as quoted in Case and
Comment, Mar-Apr 1963, 26]
7. Keeping the cherished idea of liberty in mind, the Fathers
of our Constitution engrafted in its Preamble: Liberty of
thought, expression, belief, faith and worship. After a lot of
debate in the Constituent Assembly, Article 21 of the
Constitution came into existence in the present form laying
down in categorical terms that no person shall be deprived
of his life and personal liberty except according to the
procedure established by law.
3. That that nothing is to be recovered from the petitioner and his

custodial interrogation is not at all required by the police, as he has been

forcefully dragged in this case. The petitioner is ready to join the investigation

as and when Investigating Officer required.

4. That the petitioner undertakes to abide by all the terms and

conditions imposed by this Hon'ble Court, in case, he is granted the
concession of anticipatory bail.
 10

5. That the petitioner is not having certified copies of Annexure P-1

to P-3. The matter is urgent in nature, thus, true translated/typed copies of

the same are being annexed with the present petition.

6. That as per the instructions given by the relative of the

petitioner to the undersigned, no other case under NDPS Act stands

registered against the present petitioner.

7. That the petitioner has not filed any such or similar petition

either in this Hon'ble Court or in the Hon'ble Supreme Court of India. No such

or similar petition is pending before the learned Sessions Court or in any

other court of competent jurisdiction in India at the time of filing the present

petition.

It is, therefore, respectfully prayed that the present petition may

kindly be accepted and the petitioner may kindly be granted the concession of
anticipatory bail under Section 438 of the Code of Criminal Procedure for
grant of anticipatory bail to the petitioner in FIR No.12 dated 12.01.2017,
under Sections 18 & 21 of N.D.P.S. Act, 1985, registered at Police Station
Sadar Amritsar, District Amritsar (Annexure P-1), in the interest of justice.

It is further prayed that during the pendency of this petition, ad-

interim bail may kindly be granted to the petitioner, in the interest of justice.

It is further prayed that filing of certified/typed copies of Annexure P-1

to P-3 may kindly be exempted, in the interest of justice.

NOTE:- Affidavit is attached.

Chandigarh (PRATHAM SETHI) (SUVIR SIDHU)

Dated: 21.06.2017 P-3597-2012 P-970-2013
ADVOCATES
COUNSEL FOR THE PETITIONER
 11

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-________ of 2017

Ajay Kumar Petitioner

Versus

State of Punjab Respondent

Affidavit of Ajay Kumar, aged 41 years son of

Girwar Lal Sharma, R/o Kothi No.7, Shastri

Nagar, Lawrence Road, Amritsar.

I, the above named deponent, do hereby solemnly affirm and declare as

under:-

1. That the deponent is filing the present anticipatory bail petition

before this Honble Court, which is likely to succeed on the basis of grounds

taken therein. The same may be read as part and parcel of the present

affidavit.

2. That the contents paras of above mentioned petition have been

drafted under the instructions and authority of the deponent and after

acknowledging each and every content of present petition to be true and

correct, the deponent has put in his signature on the same.

3. That the deponent has not filed any such or similar petition for

the same cause either in this Hon'ble Court or in the Hon'ble Supreme Court

of India.
 12

4. That no such or similar petition is pending before the learned

Sessions Court or in any other court of competent jurisdiction in India at the

time of filing the present petition.

Place: Chandigarh

Dated: 21.06.2017 Deponent

Verification:-

Verified that the contents of para 1 to 4 of the above affidavit are true

and correct to my knowledge. No part of it is false and nothing has been

concealed therein.

Place: Chandigarh

Dated: 21.06.2017 Deponent

 13

ANNEXURE P-1

N.C.R.B.

I.I.F-1 (Integrated Investigation Form -1)

FIRST INFORMATION REPORT

(Under Section 154 Cr.P.C.)

1. District POLICE COMMISSIONERATE P.S. SADAR AMRITSAR FIR No.

0012 Year 2017

System Date and Time: 12.01.2017 06.19 hrs

Original Date and Time: 12.01.2017 06.19 hrs

2.

Sr. No: Act(s) Section(s)

1. NARCOTIC DRUGS AND PSYCHOTROPIC 18

SUBSTANCES ACT, 1985

2. NARCOTIC DRUGS AND PSYCHOTROPIC 21

SUBSTANCES ACT, 1985

3. (a) Occurrences of Offence:

Day: WEDNESDAY Date From: Date To:

11.01.2017 11.01.2017

Time Period: Time From: Time To:

18.00 hrs 18.00 hrs

(b) Information received at P.S.

Date Time

12.01.2017 04.00 hrs

(c) General Dairy Reference

Entry No. Time

003 04.20 hrs

 14

4. Type of Information WRITTEN

5. Place of occurrence

(a) Direction and distance from P.S. EAST 2 KM(s). Beat No.

(b) Address: PARKASH VIHAR, BATALA ROAD, AMRITSAR

(c)In case, outside the limit of this Police Station, then

Name of P.S. District (State)

6. Complainant/Informant

(a) Name: PALVINDER SINGH

(b) Fathers/Husbands Name:

(c) Date/Year of Birth Year: 15.06.1969

(d) Nationality INDIA

(e) U.I.D. No.

(f) Passport No.

Date of Issue Place of Issue

(g) Occupation :

(h) Address:

S. No: Address Type Address

1. Present Address: 37/1, No. 15, New Krishana Nagar,

CITY HOSHIARPUR, HOSHIARPUR,
PUNJAB, INDIA

2. Permanent Address: 37/1, No. 15, New Krishana Nagar,

CITY HOSHIARPUR, HOSHIARPUR,
PUNJAB, INDIA

(i)Phone No: 91-0183-2277585 Mobile 91-9781130209

7. Details of known/suspected/unknown accused with full particulars.

(Attached separate sheet, if necessary)

Sr. Name Alias Relatives Name Present Address

No:
 15

1 SUNIL SHARMA Fathers Name: 1. 07, Shashtri Nagar,

Parkash Lawrence Road,
Sharma Amritsar, Civil Lines,
Police
Commissionerate,
Amritsar, PUNJAB,
INDIA

2. AJAY KUMAR Fathers Name: 1. 07, Shashtri Nagar,

Parkash Lawrence Road,
Sharma Amritsar, Civil Lines,
Police
Commissionerate,
Amritsar, PUNJAB,
INDIA

8. Reasons for delay in reporting by the Complainant/informant.

9. Particulars of properties stolen/involved (Attach Separate sheet, if

necessary)

Sr. No: Property Property Type Description Value (In

Category Rs/-)

10. Total value of property stolen (In Rs.)

11. Inquest Report/U.D. case No. if any

Sr. No: UIDB Number

12. First Information Contents (Attach Separate Sheet, if necessary)

Head Munshi Police Station Sadar Amritsar dated 11.01.2017 I Inspector

along with S.O Swaran Singh 1182, A.S.I. Sarabjit Singh 1974, H.C. Harpal

Singh 3874, H.C. Ram Pal 329, H.C. Harwant Singh 372, P.H.G Paramjit Singh

8097 boarding official passenger vehicle bearing registration No. PB-02-BL-

1875 Scorpio, the driver of the same is Dilbagh Masih 3810 in concern of

Patrol Duty and in search of anti-social aliments were present at Bus Stand
 16

Vijay Nagar, Batala Road. Where A.S.I. Harjinder Singh In-charge Police Post

Vijay Nagar along with H.C. Sewa Singh 2827, H.C. Gurmeet Singh 2388, H.C.

Gurjeet Singh 3539 met, they were joined and search of the vehicle was

started, that time at around 6.00 p.m. A.S.I. Parminder Singh 1007 and A.S.I

Kulwinder Jeet Singh 2950 Special Investigation Staff Amritsar came present.

A.S.I Parminder Singh informed me that Balwant Singh S/o Joginder Singh

Caste Parjapat R/o Sandhu Colony, Near Kandian Wala Khuh. G.S. Ittan Wala

has purchased another house near Parkash Vihar opposite Chopra Mobile

Store. That this house he has rented out to Sanjay Kumar and Ajay Kumar

Residents of Shastri Nagar Lawrance Road, Sanjay Kumar and Ajay Kumar

both brothers are running a shop in the mane and style of S.A. Medicine

Center at Chowk Farid and they have kept intoxicated drugs in large number

at their rented house at Parkash Vihar, in case raid may be conducted then

intoxicated drugs can be recovered in huge numbers. Whereupon myself

Inspector, Station House Officer made aware about the circumstances to Dr.

Bal Kishan Singla P.P.S. A.C.P North Amritsar and Drug Inspector Bableen

Kaur, Zone Amritsar-3 and Rajinder Singh Investigation Officer N.C.B.C. and

requested them to reach at Bus Stand Vijay Nagar. That after around half and

quarter past half hour Dr. Bal Kishan Singla P.P.S. A.C.P. North Amritsar along

with his staff boarding official vehicle and Drug Inspector Bableen Kaur Zone-

3 Amritsar along with Drug Inspector Sukhdev Singh and Rajinder Singh

Investigation Officer N.C.B along with his staff reached the spot and witness

from public Vijay Kumar S/o Ram Parkash R/o House Number F21/1043

Sandhu Colony Main 88 feet Road, Dhillon Property Dealer Amritsar, who was

passing by was joined into investigation party and house of Balwant Singh
 17

above named situated at Parkash Vihar near Chopra Mobile Store was raided

all of us together where two Hindu gentlemen were found present out of one

Hindu young men upon seeing Police party fled from the spot using stairs and

other young men was nabbed by myself with the help of fellow employees

and asked his name and address, who upon my asking revealed his name as

Sunil Sharma s/o Om Parkash Sharma R/o House Number M 140 Street No. 7

Panchsheel Garden Naveen Sharma Delhi, Patti Police Station Sadhra,

presently residing at 7 Shashtri Nagar Lawrence Road Amritsar and revealed

the name of the person who fled from the spot as Ajay Kumar. Upon searching

the house, out of the room built in the house huge quantity of drugs lying in

different card board boxes was checked by Drug Inspector Rajinder Singh,

with the help of Investigation Officer N.C.B.C and under the supervision of Dr.

Bal Kishan Singla, A.C.P. North and the same were taken out of the boxes and

were counted and at allot No. (1) Kamini Vidrawan Ras Manufactured by Shri

Vaidya Nath Patna bearing Batch No. 5 total of 1038 pet bottles each

containing 40 tablets total of 41520 tablets (2) Kamni Vidrawan Ras

Manufactured by Delvi Company Sana Harbels Private Limited Patpad Ganj

Delhi the Batch number of the same is 86/14-16 total of 1050 pet bottles each

bottle containing 40 tablets (3) Kamni Virawan Ras, Manufactured by Ali

Company Ali Pharma Mumbai containing 1295 pet bottles of A.P 183 Barch

and 225 pet bottles A.P 198 Batch total of 1620 each containing 40 tablets in

which total of 64800 tablets (4) Kamni Vidrawan Ras Sarsia which have been

manufactured by Multani Pharmaceuticals Limited Delhi bearing batch

number of the same 227-N total of 396 pet bottled, each bottle containing 40

tablets total of 15840 (5) Kamni Vidrawan Ras Sarsia which has been
 18

manufactured by Sharma Ayurvedic Mandir Datiya Madhya Pradesh M.P.

1392 pet bottles batch of each number 2 P-11 total 55680 tables (6) Kamni

Vidrawan Ras manufactured by Vaidya Nath Company Good Care Private

Limited Bagi Bishampur West Bengal 101 pet bottles each containing Batch

Number A.V.R 02 total 4040 Tablets. (7) Kamini Vidrawan Ra manufactured

Rex Remidies Private Limited G.T. Karnam Rioad Industrial Area Delhi each

containing Batch No. 105/72 total 120 pet bottles, each bottle contains 40

tablets total 4800 tables (8) Kamni Vidrawan Ras Batch Number U.K.V. 04151

120 boxes each box containing 40 pet bottles, total 4800 tablets (9) Kamni

Vidrwal Ras Batch Number K.V.R. 70316 total 180 pet bottles each containing

40 tablets total 7200 tablets above mentioned recovered pet bottles contains

medicine/Giloya weighing 10 grams has been mentioned. Above mentioned

medicines were put in same cardboard boxes and the boxes were kept in

plastic bag and separate parcels were prepared whereupon number 1 to 9

was mentioned and allot Number 2, box 1 box Jatt Fladi Vati 10 Multani Batch

Number 544 M whereupon 444 pet bottles, each pet bottle contains 15

tablets total of 6600 tablets, weight of medicine in each pet bottle is 5 gram

has been mentioned, same was also put in cardboard box and wrapped in

plastic bag and Serial Number upon it was mentioned as 10 and allot Number

3 Multani recovered medicines of Multani Company which has been

manufactured by Multani Pharmaceutical Limited C-100, Okhla Industrial

Area, New Delhi 110020 Pin Code, 105 pet bottles each containing Batch No.

11 weight of each medicine has been mentioned as 60 Gram according to

which total weight is calculated as 6300 gram same was also put in cardboard

box and wrapped in plastic bag and parcel was prepared whereupon Serial
 19

Number was mentioned as 11. Tarsasa Humdard company, which is

manufactured by Humdard Laboratory New Delhi 735 pet bottles each

containing Batch Number 0015-015 medicines same was also put in

cardboard box and wrapped in plastic bag and parcel was prepared and Serial

Number was mentioned as 12 and 120 pet bottles 0275 Batch medicines

were same was also put in cardboard box and wrapped in plastic bag

separate parcel was prepared and number was mentioned as 13 and 480 pet

bottles 0015-007 Batch medicines same was also put in cardboard box and

wrapped in plastic bag and parcel was prepared, the number of the same was

mentioned as 14 and 120 pet bottles 0016-022 Batch medicines same was

also put in cardboard box and wrapped in plastic bag and parcel was

prepared whereupon Serial Number was mentioned as 15. 120 pet bottles

each containing Batch No. 0016-023 weight of each medicine has been

mentioned total of 1575 pet bottles each weighing 60 Gram according to

which total weight is calculated as 94500 gram same was also put in

cardboard box and wrapped in plastic bag and parcel was prepared

whereupon Serial Number was mentioned as 16, which are manufactured by

Barsasa Rex Company, The Rex Remedies, G.T. Karnal road, Industrial Area

Delhi Total of 1440 pet bottles each containing Batch Number 05/87 weight

of each medicine 10 Gram total weight 14400 Gram same was also put in

cardboard box and wrapped in plastic bag and parcel was prepared

whereupon Serial Number was mentioned as 17, manufactured by Barsasa

Rex Company, The Rex Remedies, G.T. Karnal road, Industrial Area Delhi Total

of 103 pet bottles each containing Batch Number 05/83 weight of each

medicine 60 Gram total weight 6180 Gram same was also put in cardboard
 20

box and wrapped in plastic bag and parcel was prepared whereupon Serial

Number was mentioned as 18 manufactured by Barsasa Dehlvi Company

Sanah Herbals Patpad Ganj Delhi manufactured by Barsasa Rex Company, The

Rex Remedies, G.T. Karnal road, Industrial Area Delhi Total of 192 pet bottles

each containing Batch Number 21/40 weight of each medicine 25 Gram total

weight 4800 Gram same was also put in cardboard box and wrapped in

plastic bag and parcel was prepared whereupon Serial Number was

mentioned as 19 manufactured by Barsasa New Sanah 310 Patpad Ganj

Industrial Area Delhi Pin Code 110092, 50 pet bottles each containing Batch

Number 003 weight of each medicine 50 Gram total weight 2500 Gram same

was also put in cardboard box and wrapped in plastic bag and parcel was

prepared whereupon Serial Number was mentioned as 20, Allot Number (4)

Hambo Memsaki Delvi Remidies, manufactured by Sahan Herbals Private

Limited 238 Patpad Ganj Delhi manufactured by Barsasa Rex Company, Total

of 390 pet bottles each containing Batch Number 33/56 was also put in

cardboard box and wrapped in plastic bag and parcel was prepared

whereupon Serial Number was mentioned as 21, of 350 pet bottles each

containing Batch Number 33/58 was also put in cardboard box and wrapped

in plastic bag and parcel was prepared whereupon Serial Number was

mentioned as 22, of 120 pet bottles each containing Batch Number 33/59

total of 860 pet bottles, each containing 20 Tablets total of 17200 tablets was

also put in cardboard box and wrapped in plastic bag and parcel was

prepared whereupon Serial Number was mentioned as 23. Manufactured by

Hambo Momsaki New Sanah Laboratory 310 Patpad Ganj Industrial Area

Delhi 170 pet bottles each containing Batch Number 002, containing 20
 21

tablets each total 3400 tablets was also put in cardboard box and wrapped in

plastic bag and parcel was prepared whereupon Serial Number was

mentioned as 24. All the plastic bags parcels were sealed by myself Inspector

with my seal B.K and each bag was mentioned 1/1 and specimen of seal was

prepared separately and myself Inspector handed over the seal after use to

A.S.I. Harjinder Singh and A.C.P Sir kept his seal with himself all the above

mentioned parcels were taken into Police custody vide separate memo and

suspect Sunil Sharma S/o Om Parkash Sharma R/o House Number M 140

Street No. 7 Panchsheel Garden Naveen Sharma Delhi, Patti Police Station

Sadhra, presently residing at 7 Shashtri Nagar Lawrence Road Amritsar, failed

to produce any License or permit in concern of these medicines. Sunil Kumar

above named and Ajay Kumar who fled from the spot by keeping such huge

quantity of intoxicated drugs in their possession have committed an offence

under section 18,21,61,85 of N.D.P.S. Act, whereby for registration of the case

a slip was written and is being sent by hand through H.C. Harpal Singh 3874

to Police Station, After registration of the case, number of the same may be

informed. Control Room may be informed, Special Reports may be issued sent

for the kind perusal of Duty Magistrate and Senior Officers. Myself ASI along

with fellow employees busying in investigation. Sd/- Palwinder Singh Station

House Officer Police Station Sadar Amritsar. Dated 12.01.2017. today in the

area of Parkash Vihar Batala Road, Amritsar time 04.00 A.M. Today at Police

Station: At present upon receipt of above mentioned slip at Police Station,

Above mentioned case under above mentioned sections was registered, copy

of the FIR along with original statement is being sent by hand through arrived

H.C. to responsible Inspector/SHO. Special Reports are being issued and are
 22

being sent by hand through HC Dilbagh Singh 2977 for the kind perusal of

Senior Officers. Control room is being informed over wireless. Complete

Report No. 4 time 6.16 AM.

13. Action Taken (since the above information reveals commission of

offence(s) u/s as mentioned at Item No. 2.

(1) Registered the case and took up the investigation

OR

(2) Directed (Name of the I.O.) PALWINDER SINGH Rank I (Inspector) No:

321/FR to take up the Investigation

OR

(3) Refused investigation due to OR

(4) Transferred to P.S. (Name) District

on point of Jurisdiction.

FIR read over to the complainant/informant, admitted to be correctly

recorded and a copy given to the complainant/informant, free of cost.

R.O.A.C.

14. Signature/Thumb impression of the complainant/informant

15. Date and Time of dispatch to the Court:

Sd/- Baldev Singh

Signature of Officer in Charge, Police Station
Name: BALDEV SINGH
Rank : Asst. SI (Assistant Sub Inspector)
No. 1990/ASR
TRUE TRANSLATION

ADVOCATE
 23

ANNEXURE P-2

UID No. PB0439 1

IN THE COURT OF MS. MONIKA GOYAL, ADDL. SESSIONS JUDGE, AMRITSAR.

B.A. no. 1232/2017.

CNR No. PBAS010032082017.

Date of Institution : 22.03.2017.

Date of order : 06.04.2017.

STATE

Versus.

Sunil Sharma, aged 31 years, R/o M-140, Gali No.7, Panchsheel Garden,

Naveen Shahdra Delhi-110032.

..........Accused.

FIR no.12/12.01.2017.

U/ss 18 and 21 of NDPS Act .

Police Station : Sadar, Amritsar.

Ist application for bail u/s 439 Cr.P.C.

Present: Mr. Mandeep Singh Arora, Advocate, counsel for the

applicant/accused.

Ms. Neeraj Azad, Additional PP for the State.

ORDER

1. The present bail application has been moved on behalf of

applicant/accused Sunil Sharma under Section 439 of Cr.P.C.

 24

2. Brief facts of the case of the prosecution are that on 11.01.2017,

the police party headed by Inspector Palvinder Singh was present at Bus

Stand Vijay Nagar, Batala Road in connection with patrolling and search of

bad elements where ASI Parminder Singh alongwith other police officials

reached and told that Sanjay Kumar and Ajay Kumar has taken on rent a

house from Balwant Singh at Parkash Vihar in front of Chopra Mobile store

and they both kept the heavy quantity of intoxicant medicines there and if

raid is conducted, recovery could be made. At this raid was conducted at the

disclosed place where two persons were present. The police party

apprehended the present applicant-accused Sunil Sharma from there and one

person whose name was later on known as Ajay Kumar was managed to flee

away from there. The heavy quantity of intoxicant medicine i.e. 41520 tablets

of Kamni Vidrawan Ras, 42000 tablets of Kamni Vidrawan Ras, 64800 tablets

of Kamni Vidrawan Ras, 15840 tablets Kamni Vidrawan Ras, 55680 tablets of

Kamni Vidrawan Ras, 4040 Kamni Vidrawan Ras, 4800 tablets of Kamni

Vidrawan Ras, 4800 tablets of Kamni Vidrawal Ras, 7200 tablets of Kamni Des

Vidrawal Ras of different manufactuers was recovered from the disclosed

place in this case which they kept in their possession without any valid

license or permit.

3. The learned counsel for the applicant has argued that the

present accused-applicant is a government employee. He has been falsely

implicated in this case. He is permanent resident of Delhi and hardly visit

Amritsar once or twice in a year to the matrimonial home of his sister on the

special occasions only. He has only came to Punjab on the call of his sister on
 25

5.1.2017 as his brother-in-law was arrested in some case on 3.1.2017. The

applicant-accused is having working wife and two minor children. He relied

upon his phone call details to show that accused never came to Punjab. He is

working in Delhi and never came to Punjab and thus, it is clear that accused

never conducted any business of intoxicants in Punjab. The applicant has

undergone the period of two months approximately in judicial custody and

hence no purpose would be served by detaining him behind the bars. He is

ready to abide by each and every condition imposed upon him of bail. Hence,

he has prayed for grant of regular bail.

4. On the other hand, learned Addl. PP for State has opposed the

bail application and has submitted that the applicant/accused was arrested

from the spot and heavy quantity of intoxicant medicine was made from his

possession. Therefore, the applicant-accused does not deserve the concession

of regular bail at this stage and has prayed for dismissal of bail application.

5. I have heard learned counsel for applicant/accused, learned

Addl. PP for State and have also gone through record.

6. In the present case, the allegations against the present

applicant/accused are that he was arrested from the spot on 12.1.2017 and

since then, he is in custody and heavy recovery of contraband was recovered

from his possession . Learned counsel for the applicant argued that applicant

never came to Punjab before 5.1.2017. He also relied upon office record and

call details of applicant to show that he never came to Punjab, hence he is not

involved but there are no merits in contention of learned counsel as applicant

has been arrested from the Godown and huge stock of intoxicant tablets
 26

recovered from it. Moreover, now a days business can be conducted on

internet, therefore, there are no merits in the argument of counsel. Further,

learned counsel submitted that there is no rent note or statement of owner of

Godown on record to link accused with said Godown. It is correct that there is

nothing on record that accused had rented the disputed godown but it is not

disputed that accused was present in godown when raid was conducted and

recovery made. Further, counsel relied upon RTI information under Drugs &

Cosmetics Act that there is no requirement of license for Ayurvedic medicines

but it is matter of evidence whether alleged recovery is Ayurvedic medicines

or not. The judgment of Prajesh Shantilal Vaghani Vs. The Intelligence Officer,

1990 CriLJ 903, Kashmir Singh Vs. Narcotics Control Bureau,

MANU/DE/9207/2006 and Sanjay Chandra Vs. CBI, MANU/SC/1375/2011 and

Dayanand Vs. State of Haryana, 1992(2) RCR ( Crl.) 91 relied upon by counsel

for applicant has no bearing to the facts and circumstances of present case as

till date no report of Chemical examiner has not been received in this case and

in case the recovery made in this case falls under the commercial quantity

and it will attract section 37 of NDPS Act. In such like circumstances, no

ground is made out to grant regular bail to the applicant, at this stage.

Accordingly, the bail application is hereby dismissed. File be attached with

the remand papers.

Sd/-
Pronounced :06.04.2017. (Monika Goyal)
Addl. Sessions Judge,
Amritsar.

True Copy
 27

ANNEXURE P-3
IN THE COURT OF MS. MONIKA GOYAL, ADDL. SESSIONS JUDGE, AMRITSAR.
B.A. no. 2646/2017.

CNR No. PBAS010066112017.

Date of Institution : 2.6.2017.

Date of order : 09.06.2017.

STATE

Versus.

Ajay Kumar, aged 41 years son of Girwar Lal Sharma, R/o Kothi No.7, Shastri

Nagar, Lawrence Road, Amritsar.

..........Accused.

FIR no.12/12.01.2017.
U/ss 18 and 21 of NDPS Act .
Police Station : Sadar, Amritsar.

Ist application for bail u/s 438 Cr.P.C.

Present: Mr. Ramandeep Singh, Advocate, counsel for the petitioner/

accused.

Ms. Neeraj Azad, Additional PP for the State.

ORDER

1. This order shall dispose off an application for bail moved on

behalf of above-said petitioner/accused under section 438 Cr.P.C for

anticipatory bail in FIR No. 12 dated 12.01.2017, u/s 18 and 21 of NDPS Act,

P.S. Sadar, Amritsar.

2. Brief facts of the case of the prosecution are that on 11.01.2017,

the police party headed by Inspector Palvinder Singh was present at Bus
 28

Stand Vijay Nagar, Batala Road in connection with patrolling and search of

bad elements where ASI Parminder Singh alongwith other police officials

reached and told that Sanjay Kumar and Ajay Kumar has taken on rent a

house from Balwant Singh at Parkash Vihar in front of Chopra Mobile store

and they both have kept the heavy quantity of intoxicant medicines there and

if raid is conducted, recovery could be effected. At this raid was conducted at

the disclosed place where two persons were present. The police party

apprehended Sunil Sharma from there and one person whose name was later

on known as Ajay Kumar managed to flee away from the spot and heavy

quantity of intoxicant medicine i.e. 41520 tablets of Kamni Vidrawan Ras,

42000 tablets of Kamni Vidrawan Ras, 64800 tablets of Kamni Vidrawan Ras,

15840 tablets Kamni Vidrawan Ras, 55680 tablets of Kamni Vidrawan Ras,

4040 Kamni Vidrawan Ras, 4800 tablets of Kamni Vidrawan Ras, 4800 tablets

of Kamni Vidrawal Ras, 7200 tablets of Kamni Des Vidrawal Ras of different

manufactures was recovered from the disclosed place in this case which they

kept in their possession without any valid license or permit. On the basis of

ruqa, instant FIR has been lodged.

3. Notice of the bail application was given to state and trial Court

record was also summoned.

4. The learned counsel for the petitioner has argued that the

present accused-petitioner has been falsely implicated in the present case

and he has no concern with the alleged recovery and he has been nominated

in the present case being brother of the co-accused Sunil Sharma. He further

argued that neither the petitioner was arrested from the spot nor any alleged
 29

recovery was effected from him and nothing is to be recovered from the

petitioner and the custodial interrogation of the petitioner is not required for

any purpose of investigation. He further submitted that the petitioner

undertakes to abide by all the terms condition imposed upon him of bail and

he relied upon Bhadresh Bipinbhai Seth vs state of Gujarat Criminal Appeal

nos. 1134 and 1135 of 2015, 2011 (1) SCC 694, 2008 (3) SCC 753. Hence, he

has prayed for grant of anticipatory bail.

5. On the other hand, learned Addl. PP for State has opposed the

bail application and has submitted that when the raid was conducted at the

Godown of the petitioner/accused which he had taken on rent, then on seeing

the police party, the petitioner/accused managed to flee away from the spot

and huge stock of intoxicant tablets recovered from it. She has further argued

that custodial interrogation of the petitioner/accused is required for

ascertaining the true facts and involvement of other persons if any.

Thereafter, she has prayed for dismissal of bail application.

6. I have heard learned counsel for petitioner/accused, learned

Addl. PP for State and have also gone through record.

7. As per prosecution version, there are specific and categoric

allegations against the petitioner-accused that he fled away from the spot on

seeing the police party and thereafter huge stock of intoxicant intoxicant

medicine i.e. 41520 tablets of Kamni Vidrawan Ras, 42000 tablets of Kamni

Vidrawan Ras, 64800 tablets of Kamni Vidrawan Ras, 15840 tablets Kamni

Vidrawan Ras, 55680 tablets of Kamni Vidrawan Ras, 4040 Kamni Vidrawan

Ras, 4800 tablets of Kamni Vidrawan Ras, 4800 tablets of Kamni Vidrawal
 30

Ras, 7200 tablets of Kamni Des Vidrawal Ras of different manufactuers was

recovered from the spot. It has been contended by Ld. Addl..PP for the state

that custodial interrogation of the petitioner/accused is required for

ascertaining his role and role of other persons involved in the offence. On the

other hand, learned defence counsel relied upon the fact that till date no

report of chemical examiner has been received and in such like

circumstances, the petitioner is entitled for concession of anticipatory bail,

however this fact has no bearing to the facts and circumstances of present

case as in the present case, huge cache of intoxicant medicines have been

recovered. In such like circumstances, no ground is made out to grant

anticipatory bail to the petitioner/accused and custodial interrogation seems

to be necessary to unravel the truth.

8. Therefore, taking note of the gravity and nature of offence, the

petitioner does not deserve the concession of anticipatory bail. Therefore,

without expressing any opinion on the merits of the case and in view of

gravity and seriousness of the offence, the instant bail application deserves

rejection and is hereby rejected. Police record be returned forthwith. File be

consigned to the record room.

Pronounced:- 09.06.2017. Sd/-

(Sandeep Singh Bajwa)
Addl. Sessions Judge,
Amritsar.

True Copy

Advocate