1. Present petition has been filed under Section 439 of Cr.P.C. read
with Section 483 of the Bharatiya Nagrik Suraksha Sanhita seeking grant of
regular bail to the petitioner in case bearing FIR No.107 dated 04.10.2022,
registered for the offences punishable under Sections 21, 27-A and 29 of the
NDPS Act, Section 25-54-59 of the Arms Act and Section 3, 4, 5 of Explosive
Act (added later on) at Police Station Ramdas, District Amritsar Rural,
Punjab.
2. The prosecution case, as emerging from the record, is that on
04.10.2022, ASI Ajaypal Singh, SHO, Police Station Ramdas, District
Amritsar (Rural), along with other police officials, was present at Bus Stop
Thoba in connection with patrolling and checking of bad elements. At that
time, he received a secret information to the effect that Satnam Singh @ Satta
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son of Jaswant Singh, resident of Naushera Panvan (an absconder), Lakhbir
Singh @ Landa son of Niranjan Singh, resident of Harike, Harinder Singh @
Rinda son of Charan Singh, resident of Nanded, now Pakistan and Harpreet
Singh @ Happy son of Darbara Singh, resident of Miadi Kalan, now
Malaysia, who were residing abroad were indulging in smuggling of heroin
and arms-ammunition into India and supplying the same to various places
with the intent to carry out extremist activities in the country with the help of
their associates based in India. It was further informed that one of their
associates, namely Jograj Singh @ Joga @ Jog son of Balbir Singh, resident
of village Rajoke was acting at their behest and as per their instructions and
with the assistance of other associates was engaged in supplying heroin and
arms-ammunition to different places. Furthermore, the said Jograj Singh was
coming in a white Honda Civic car towards Ramdas side for the purpose of
supply of heroin and arms-ammunition and if apprehended, contraband and
illegal arms could be recovered from him. Acting upon the said information,
ASI Ajaypal Singh along with the accompanying police officials laid a naka
at Village Malakpur near T-Point Dhusi Bridge. After some time, a white
Honda Civic car bearing registration No. PB-29-K-8501 was noticed coming
from the side of village Chaharpur. The said vehicle was signalled to stop
whereupon the driver stopped the car at some distance and attempted to flee
while alighting from the vehicle carrying a cross-bag around his neck. He was
apprehended by ASI Ajaypal Singh with the help of other police officials and
on inquiry disclosed his identity as Jograj Singh @ Joga @ Jog son of Balbir
Singh, resident of village Rajoke. The said accused was informed of his legal
right under Section 50 of the NDPS Act to be searched before a Magistrate or
a Gazetted Officer. On his consent, Sh. Sanjeev Kumar, PPS, Deputy
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Superintendent of Police, Ajnala, Amritsar (Rural), was called at the spot,
who also apprised the accused of his legal right. The accused reposed his faith
in the said Gazetted Officer and, thereafter, his personal search was conducted
in the presence of Sh. Sanjeev Kumar, PPS. During the search of the cross-
bag carried by the accused, two plastic packets containing one kilogram each,
totaling 02 kilograms of heroin, along with Indian currency amounting to
₹1,00,000/- were recovered. The recovered contraband was converted into
separate parcels and sealed with seal impressions ‘AS’ and ‘SK’ by ASI
Ajaypal Singh and the Deputy Superintendent of Police. Thereafter, on
further personal search of the accused, one .30 bore pistol loaded with six live
cartridges, tucked in his waistband was recovered. The accused failed to
produce any licence or authority for possession of the said arms and
ammunition. The pistol and cartridges were sealed after preparing the
requisite sketch and were taken into possession along with the vehicle and
other articles, in accordance with law. Consequently, FIR in question under
Sections 21, 27-A, 29, 61 and 85 of the NDPS Act and Sections 25, 54 and
59 of the Arms Act was registered at Police Station Ramdas, District Amritsar
(Rural), and the accused Jograj Singh @ Joga @ Jog was arrested. During the
course of investigation, the said accused Jograj Singh made a disclosure
statement to the effect that his accomplices, namely Gurpavitar Singh @ Sai
and Lakhbir Singh @ Landa had supplied him one tiffin bomb and two assault
rifles, which he had buried on the bank of a water stream at village Dhatal
and could get the same recovered. Pursuant thereto, one plastic sack
containing a tiffin bomb buried under a tree on the bank of the water stream
at village Dhatal was recovered. The Bomb Disposal Team headed by ASI
Santokh Lal was summoned and the tiffin bomb was diffused. The
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components of the bomb, including an iron box, timer, detonator and white
explosive material weighing approximately 1.5 kg, were sealed and taken into
possession. Further, on the basis of another disclosure statement, a plastic
sack buried on the bank of a water stream at village Peer Mohammad on the
road from Makhu to Moga was recovered, which was found to contain two
assault rifles, each loaded with fifteen live cartridges. Sketches of the
weapons were prepared and the arms and ammunition were sealed and taken
into possession. Consequently, offences under Sections 3, 4 and 5 of the
Explosive Substances Act were added. During further investigation, accused
Jograj Singh @ Joga and Gurpavitar Singh @ Sai made disclosure statements
on the basis of which Gurjant Singh @ Bholu, Ajaypal Singh, Gurmeet Singh
@ Meet, Nishan Singh (petitioner herein), Sachin, Manbir Singh, Rashpal
Singh @ Dana and Puran Singh @ Puna were also nominated as accused in
the present case. The petitioner was arrested on 17.09.2024.
