Baljit Singh v. State Of Punjab

As per the allegations in the FIR, it has been alleged as under :- "Station House Officer Police Station Mallanwala Sat Sri Akal today I ASI along with ASI Jagtar Singh No. 471/FZR, HC Jagdev Singh No. 544/, PHG Gurpreet Singh 6233 was on government vehicle bearing number PB.05.R.9829 which was being driven by PHG Gurpreet Singh 6233 regarding patrolling and checking of suspicious persons and left for the village Narang Singh Wala, Alipur etc., when Police party while patrolling was coming from the area of chowkiThatta Kishan Singh towards Police station Mallanwala, when the Police party arrived ahead to village Chahal near Dharampura near devastated building of Gaushallathe Police siren was on, then from the right side of the road two hair cut youngsters with xxxx xxx were seen standing in the car's

lights and one out of them carrying polythene colour white in his right hand, dropped it there and both of them started going inside the Gaushalla building then I ASI immediately got the vehicle stopped and with the help of other Policemen apprehended them, then the youngster who dropped the polythene disclosed his name Tarsem @ Soma son of Joginder son of Akbar resident of Basti Chahal Ward No. 12 Mallanwala and the second one disclosed his name Baljeet Singh son of Sham Lal son of Sadhu Ram resident of Dharampura Ward No. 13 Mallanwala.

Tarsem Soma disclosed that there are intoxicant tablets inside the polythene dropped by him and both of them brought together, then both of them were brought near to the dropped polythene colour white out of which some intoxicant tablets were lying scattered on the ground, then an attempt was made to join a witness from public but no one was available thereafter Tarsem @ Soma put the scattered tablets on the ground inside the polythene colour white and produced before me in the torch light from which loose intoxicant tablets colour orange were recovered. On counting them total 500 loose intoxicant tablets were found. These loose intoxicant tablets along with polythene put in a plastic container and converted into a parcel which was sealed by me ASI bearing seal impression L.S., specimen seal was prepared separately.

The seal was handed over to ASI Jagtar Singh 471/FZR after using the same. The sealed parcel was taken into Police custody vide separate recovery memo. The memo was witnessed by the witnesses. The above said accused Tarsem @ Soma and Baljeet Singh have committed offence under section 22/29/61/85 NDPS Act by keeping loose intoxicant tablets in their possession. Therefore a ruqa in writing is being sent to Police station through PHG Gurpreet Singh 6233 for registration of FIR against them. Case number be provided after registration of the same. PCR be informed. Special reports be issued. I along with other Policemen is proceeding with the investigation at the spot. Today within the area of Dharampura at 10:00 PM. SD/-Lakhwinder Singh ASI I/C PP ThattaKishan Singh PS Mallanwala dated 11/05/2022.

Today at Police station:-on receiving the above mentioned ruqa at Police station the above said FIR for the above said offence has been registered against the above said Tarsem Singh@Soma and Baljeet Singh and copy of FIR along with ruqa in original is being sent through PHG to ASI at the spot. After preparing the special reports the same is being sent through SC Darshan Singh 554/FZR to present the same before the Illaqa Magistrate and senior officers. PCR is being informed through W/M. DDR No.

dated 11/05/2022 time 10:40 PM."

has been filed. The same is taken on record.

Learned counsel for the petitioner submits that the specific case of the prosecution is that it was Tarsem @ Soma who was carrying the polythene containing tablets. It was he who dropped it and it was Tarsem @ Soma only who disclosed that the polythene contained intoxicant tablets. There was no allegation against the petitioner apart from the fact that he was standing with Tarsem @ Soma. The petitioner has no criminal antecedents of being involved in any other case under NDPS Act. Further reliance has been placed upon

However, in addition to conditions that may be imposed by the Trial Court/Duty Magistrate concerned, the petitioner shall remain bound by the following conditions :- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence oral or documentary during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence similar to the one alleged in the present case.

(v) The petitioner shall deposit his passport, if any with the trial Court.

(vi) The petitioner shall give his cellphone number to the police authorities and shall not change his cell-phone number without permission of the trial Court.

(vii) The petitioner shall not in any manner try to delay the trial.