Daler Singh @ Dalera v. State Of Punjab

CRM-M-12549-2026 -1- 







  
 

 


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* Brief facts of the case relevant for the disposal of the present petition are that on 20.09.2024, a secret information was received by Sub Inspector Lakhbir Singh to the effect that two youths would get some intoxicating substance dropped near the defence drain by a drone from Pakistan. The police party reached at the informed place and found a packet

CRM-M-12549-2026 -2lying on the ground, which was wrapped with a yellow coloured cloth. The said packet was opened and it was found containing heroin, which weighed as 02 kgs. 508 grams. Accordingly, the present FIR was registered and investigation proceedings were initiated. During the course of investigation, the petitioner was arrested on 11.12.2024. On interrogation, the petitioner admitted his involvement in the crime by saying that he had got dropped the recovered contraband through a drone from Pakistani smugglers but could not collect the same due to patrolling of police and BSF personnel. On his disclosure, Malkit Singh and Sukhdeep Singh @ Sukha were nominated as additional accused and were arrested subsequently. 3.

It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He was not named in the FIR and it was only on the basis of some secret information which cannot be considered to be legally admissible in evidence, that he was nominated as such. The disclosure statement allegedly suffered by him cannot be stated to be legally admissible. The alleged recovery was effected from an open place and not at his instance. No recovery has been effected from him. He is in custody for a period of over 01 year and 04 months. % 

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This Court has heard the rival submissions made by learned counsel for the parties at considerable length. 6.

The petitioner is alleged to have been involved in smuggling of contraband from the cross border country and is further alleged to have arranged to get commercial quantity of heroin dropped in some open fields. The contraband was recovered from the open fields. As such, it is a debatable question as to whether the recovery has to be considered to be effected from the conscious possession of the petitioner. The petitioner is in continuous custody w.e.f. 11.12.2024. He is not required for further investigation. 1

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