Gurpinder Singh @ Shikari v. State Of Punjab

Custody certificate dated 25.10.2022 by way of an affidavit of Rajiv Kumar Arora, Superintendent of Central Jail Faridkot has been filed. The same is taken on record.

Counsel for the petitioner has taken this Court to the contents of the supplementary challan wherein the role of the petitioner un-earthed during the investigation has been reported as under :- "Then ASI Malkit Singh No. 726/Moga named Gurpinder Singh @ Shikari son of Jagdev Singh resident of Thethar Kalan, District Ferozepur as accused in case on the basis of questioning of accused Sukhbir Singh @ Sukha and added sections 29/61/85 NDPS Act. Insp. Sukhdev Singh had sent sample parcel of case to FSL Ludhiana for analysis and its chemical report is received. Challan of accused in case Sukhbir Singh @ Sukha was prepared on dt. 23.05.2022 and was presented in court on dt. 21.06.2022, which is pending. On dt. 30.07.2022 ASI Santokh Singh No. 271/Moga alongwith ASI Varinder Kumar No. 676/Moga, SC Harjinder Singh No. 1121/Moga, S/Ct.

Jora Singh No. 1102/Moga by riding private vehicle had gone to investigate in case and ASI Santokh Singh alongwith co-employees raided the house of accused Gurpinder Singh @ Gaggu @Shikari and one young person having trimmed skull hair was seen standing inside the gate of house and on seeing police party he tried to ran outside. ASI Santokh Singh with help of co-employees apprehended him and asked his about his name and address and he disclosed his name as Gurpinder Singh @ Gaggu @ Shikari son of Jagdev Singh son of Gurmukh Singh resident of Thethar Kalan, PS Ghall Khurd, District Ferozepur. ASI Santokh Singh apprised him about the facts of case, joined him with investigation and questioned him.

Sukha son of Kulwant Singh son of Tej Singh resident of Mangewala, PS Sadar Moga, District Moga was doing work of veterinary and he used to visit our village and he was also visited in my house and we became friends. On dated 19.03.2022 Sukhbir Singh had taken 4 boxes of intoxicating tablets of Chelcidol-100SR from me and you had apprehended and above mentioned FIR was registered against us. Till date I was evading arrest and today you have apprehended me." Disclosure statement of accused Gurpinder Singh @ Gaggu @ Shikari was written u/s 27 Evidence Act, on which accused Gurpinder Singh @ Gaggu @ Shikari gave his signature and ASI Varinder Kumar No. 676/Moga and S/Ct. Harjinder Singh No. 1121/Moga gave their signatures as witnesses.

Then ASI Santokh Singh arrested accused Gurpinder Singh @ Gaggu @ Shikari after questioning and prepared his arrest memo. On memo, accused Gurpinder Singh @ Gaggu @ Shikari gave his signature and ASI Varinder Kumar No. 676/Moga and S/Ct. Harjinder Singh No. 1121/Moga gave their signatures as witnesses. Then personal search of accused Gurpinder Singh @ Gaggu @ Shikari was conducted and any cash, mobile phone, jewelry etc. was not recovered from him. His personal search memo was prepared. On memo, accused Gurpinder Singh @ Gaggu @ Shikari gave his signature and ASI Varinder Kumar No. 676/Moga and S/Ct. Harjinder Singh No. 1121/Moga gave their signatures as witnesses."

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.