Kewal Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-50380-2022 (O&M) Date of decision: 06.04.2026 KEWAL SINGH ... Petitioner

Versus

STATE OF PUNJAB AND OTHERS ... Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present :

Ms. Priya, Advocate, for the petitioner.

Mr. Jasjit Singh, DAG, Punjab.

**** AMAN CHAUDHARY, J. (Oral) 1.

Prayer made in the present petition filed under Section 482 Cr.P.C. is for transferring the investigation in case FIR No.214 dated 29.08.2022, registered under Sections 15, 25 of NDPS Act, at Police Station Sidhwan Bet, District Ludhiana Rural to an independent Agency like CBI. 2.

Learned State counsel refers to para 3 and 4 of the reply filed by way of affidavit of DSP, Jagraon, District Ludhiana (Rural), dated 02.03.2023, which read thus:- "3. That Inspector Dalbir Singh Incharge CIA Staff Jagraon joined the police party for conducting the investigation of this case. Under his supervision police party conducted raid at the house of said Bikramjit Singh. One person was found standing out the house near one car No.PB-30-G-0751. On seeing the police party that person entered into the house. Then the police party entered that house. Three persons were present in the house. The Investigating Officer asked these persons their names and addresses.

They told their names and addresses as Palwinder Singh @ Pinder s/o Kewal Singh @ Kaka r/o Bhamipura, Ramesh Sharma @ Raju s/o Lok Nath Sharma and Gurtej Singh s/o Kirpal Singh @ Kaka residents of Multani Patti District Ludhiana. The IO gave his own introduction to them and showed his intention to conduct the search of their car and their house. The IO apprised the accused persons turn by turn that they have a legal right to get the search of their house and their car conducted in the presence of Gazetted Officer or Magistrate. He can request such officer to come at the spot or they can be taken to such officer. But all the accused posed confidence in the Investigating Officer and told him that he can conduct the search of their house and car.

The IO served notice under Section 50 NDPS Act on all the accused and prepared their consent memos. So compliance of Section 50 NDPS Act has been made.

ASHOK KUMAR 2026.04.06 18:57 I attest to the accuracy and integrity of this document

CRM-M-50380-2022 (O&M) -24. That thereafter search of the house of Bikramjit Singh was conducted by the police party. 3 bags (gattu) were recovered from the house. There was poppy husk in each bag. There was 20 kgs poppy husk in each bag. The search of the above mentioned car who was parked outside the house was also conducted by the IO. One bag (gattu) was also recovered from the car. There was 20 kgs. poppy husk in that bag. So total 80 kgs poppy husk was recovered from the above mentioned accused. The IO prepared parcels of the bags and sealed all the 4 parcels with his seal bearing impression DS and taken into police possession along with car. The accused were arrested at the spot by the IO Special report under Section 57 NDPS Act was also issued to the police officers."

3.

In view of the above, no further orders are required to be passed. 4.

Disposed of.

(AMAN CHAUDHARY) 06.04.2026 JUDGE ashok Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No ASHOK KUMAR 2026.04.06 18:57 I attest to the accuracy and integrity of this document