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High Court of Punjab and HaryanaCRM-M/43812/2024allowed

Sat Pal Alias Sattu v. State Of Punjab

2024-09-05Mr. Justice Sandeep Moudgil6 pages



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6 12. First Information Contents Separate Sheet if necessary): (Attach Separate sheet if necessary): Station House Officer Police Station Garhshankar, District Hoshiarpur," Jai Hind" Today myself INSP along with LR/ASI Ravish Kumar No. 1935/Hoshi. LR/ASI Manna Singh No. 1503/Hoshi. CT Lakhveer Lal No. 1327/Hoshi. with Laptop, Printer, PHG Balwinder Singh No. 26784 along with investigation kit in private vehicle were indulged in patrolling and checking of suspicious persons and for checking of the vehicles at all levels, for which we had installed blockade outside

the Nawanshahr Road bridge canal, Garhshankar. During the blockade, there was a special arrangement of barricading and Search Light. The vehicle which are coming and going were being checked very carefully. During the checking, a motorcycle was seen coming towards Kaccha Rasta Bagwai Road. On which myself INSP along with coofficials signal to a on suspicion gave person оп motorcycle through search line to stop for checking, when the search light was on, the motorcyclist started running back to save himself, but myself INSP with the help of coofficials controlled the motorcyclist along with the motorcycle and asked his name and address.

The controlled motorcyclist revealed his name as Gulshan Kumar alias Koki, son of Balwinder Singh, resident of village Bhogpur, Police Station Pojewal, district Shaheed Bhagat Singh Nagar, and on checking the motorcycle, the bike was found bearing no. PB20C4554 brand Splendor Hero color black and on which myself INSP introduced myself to motorcyclist Gulshan Kumar alias Koki that "my name is INSP Kuldeep Singh and I am posted as Investigating officer at Police Station Garhshankar, district Hoshiarpur and the entire police party is with me in uniform from Garhshankar Police Station,and their name plate is attached on uniform of every police official. I have a suspicion that you and your motorcycle bearing no. PB 20C4554 brand Splendor Hero color Black may contain some narcotic substance.

Due to which you and your motorcycle bearing no. PB20C 4554 brand Splendor Hero color black has to be searched, but you have the legal right to search yourself and the motorcycle with the said number in the presence of a Magistrate or a Gazetted Officer, then it can be arranged." On which motorcyclist said to myself ASI that "I am very sure that you can search for me and the said numbered motorcycle." On which memo of consent statement of accused Gulshan Kumar alias Koki was prepared separately and Notice was served under Section 50NDPS ACT to the accused Gulshan Kumar alias Koki.

 Section 50 NDPS Act and LR/ASI Ravish Kumar no. 1935/Hoshi., LR/ASI Manna Singh NO. 1503/Hoshi. appended their signatures as witnesses. Before the search, every possible effort was made to form a police party including public witnesses, but no one was ready to become public witnesses, due to which no public witness was joined in the police party. Then myself INSP, in the presence of coofficials witnesses, carried out the first investigation of the said Gulshan Kumar alias Koki, then in the left pocket of the jeans of accused which he worn, a white colored plastic bag was recovered, which was opened and checked. After checking, total of 14 injections brand BUPRENORPHINE INJECTION IP 0.3 mp 2ml were found in the open white colored plastic bag and after searching the motorcycle with the said number, nothing objectionable was found in it.

After which, the recovered total 14 BUPRENORPHINE INJECTION IP 0.3 mg/2ml were wrapped and put it in plastic box and then the parcel was prepared and then myself ASI stamped the parcel with my one stamp initials KS. And the parcel was taken into police custody through memo of recovery. The sample stamp was prepared separately and later the stamp was handed over to LR/ASI Ravish Kumar NO. 1935/Hoshi. and asked the accused Gulshan Kumar alias Koki about the ownership of the motorcycle colored black, who told that he had stolen the said numbered motorcycle some time ago from district Shaheed Bhagat Side and he does not have any document regarding its ownership. Due to which the said stolen motorcycle was taken into police custody through memo of recovery.

The accused Gulshan Kumar alias Koki son of Balwinder Singh, resident of Village Begumpur Police Station Pojewal Police Station, District Shaheed Bhagat Singh Nagar for keeping opened Narcotic Injections Total 14 INJECTION Brand BUPRENORPHINE IP 0.3 mg/2ml Day and the stolen motorcycle bearing no. PB 20C4554 brand Splendor Hero color black in his possession, from which he has committed offences punishable u/s 226185 NDPS ACT, 379,411 IPC.

Balwinder Singh NO. 26784 and is being sent to the Police Station for registration of case. After registration of case, case number should be informed. Special reports should be issued and is being sent to be service of Hon'ble Area Magistrate and Officers. Intimation should be given to Control room. Myself ASI along with coofficials with accused was indulged in the investigation of the spot. Today within the area Blockade Nawanshahr Road Bridge Canal Garhshankar At 8:15 PM."  .21#21,.2% 23#04+-.-10#5#1,1,.2#$ 7   

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%&'/ $  $ 9    9 6 ),* a condition that the person shall make himself available for interrogation by a police officer as and when required;  a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; a condition that the person shall not leave India without the previous permission of the Court;

 such other condition as may be imposed under subsection

(3) of Section 437, as if the bail were granted under that section. 59   8   8) 9   

 9  9(   )  8)     8  9  )   !*      anuradha Whether speaking/reasoned Yes/No Whether reportable Yes/No