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High Court of Punjab and HaryanaCRM-M/29352/2024allowed

Amandeep Kaur v. State Of Punjab

2025-03-19Mr. Justice Sandeep Moudgil8 pages



      

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 "Copy of Rukka To the SHO P.S. Kharar, Sir it is respectfully submitted that I SI along with Jatinder Singh No: 707/ SAS Nagar , Pawitar Pal 993 SAS Nagar constable Ramanpreet singh 1142, SAS Nagar, lady constable Harjinder Kaur 1927 SAS Nagar, Essar Singh 2448 SAS Nagar, with Government vehicle number PB65-AN-3557 whose driver is Sohan Singh No.202/S.A.S Nagar, along with laptop

-2and printer were on patrolling duty with the investigation kit, and were present at the spot to prevent crime near Gaushala Mundi Kharar, there was an empty space behind the road on the Chandigarh road pass, where checking of the men and the vehicle. We found that one vehicle PB11-CY-1389 make Asoka Leyland 1515 was coming from Gaushala Mundi towards Kharar whereupon the truck driver saw the police party standing ahead and stopped his truck behind and started to turn back, but the truck stopped.

The truck driver got down from the truck and started running, which I SI tried to stop the truck driver with the help of fellow co-officials, but due to heavy traffic on the road, the truck driver could not be nabbed and he manged to escape in the mean time a woman got down from the conductor seat of truck and started running away, who was caught by I SI with the help of a fernale co-officials and asked for her name, who gave her name as Amandeep Kaur, wife of Gurpreet Singh, resident of village Popna, police station Sadar Kharar, District Mohali. On which I SI asked the name of the truck driver from Amandeep Kaur, who said that the truck driver is my husband Gurpreet Singh.

On which I SI asked Amandeep Kaur the reason for escaping from the truck driver Gurpreet Singh but did not gave any satisfactory reply On which I SI requested passer-bys to be an independent witness. but every person continued to express his compulsion. On which I SI gave a notice to Amandeep Kaur in front of the witness under 50 NDPS Act that 'My name is SI Charan Singh and I am posted as chonki in-charge of Sunny Enclave Police Station City Kharar. You and your truck are to be searched. But you have the right under the NDPS Act 1985 that you can get yourself and your truck searched by the Magistrate or the competent officer of the Punjab Government, the Gazetted Officer. You can also take them with you or call them here. That you have become aware of your rights?

On the said notice, Amandeep Kaur said that yes, I am aware of my rights and further told you can search her and my trunk. On which a consent memo in this regard prepared separately, on which Amandeep Kaur signed in Punjabi and ASI Pavitar pal Singh 933/SAS Nagar and Lady constable Harjinder Kaur No: 1927/SAS signed as witnesses. Then I SI directed to get the search of Amandeep Kaur through female constable Harjinder Kaur with the full dignity of Amandeep kaur. But no narcotic substance was recovered from her during search.

-3was prepared separately and the same was signed by Amandeep Kaur and Pavitar Pal Singh no. 993/SAS Nagar and Harjinder Kaur signed as witnesses. Then the SI conducted a search of the truck cabin, then during the deep search, a white plastic bag was found under the driver's seat, which was opened by the SI and poppy husk was found. And the said plastic bag was weighted on electronic scale machine and the weight of the bag is 15 kg including plastic bag, on which I SI asked Amandeep Kaur about recovered poppy husk, who could not give any satisfactory answer from the spot regarding poppy husk. On which I SI prepared sample by putting recovered 15 kg contraband in a plastic bag in a separate cloth bag of white colour and stamped the sample parcel with his seal as C.S. and same was handed over to Pavitar pal Singh No.993/SAS Nagar along with the sample seal, was seized by the police, and SI Pavitarpal Singh No.993/SAS Nagar and Lady constable Harjinder Kaur got signed it Cas witnesses."

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