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Judgment
Vivek Singh Thakur, J
Petitioner herein is an accused in NDPS Case Crime No.38 of 2019 dated 05.08.2019, lodged under Sections 8, 20, 29 and 60 of Narcotic Drugs
and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’ in short) in Police Station Narcotics Control Bureau,
Chandigarh, for having been found in possession of 1.945 kilograms charas on 05.08.2019 at about 7.30 p.m. near Nalagarh, which was recovered
from a Car White Creta bearing registration No.HR-30U-3100, wherein petitioner was travelling alongwith co-accused.
As per status report, filed on behalf of the respondent, on 05.08.2019 an Intelligence Officer, NCB, Mandi Sub-Zone, had provided a specific
information that three persons named Bhagat Singh @ Bagga (petitioner), Rajvir @ Raju and Ravi, would buy a considerable amount of charas from
one person Surinder Singh of Himachal Pradesh, somewhere between Swarghat and Nalagarh and purchasers will go to Faridabad through a white
coloured Creta Car bearing registration No.HR-30U-3100 via Nalagarh, Himachal Pradesh. Whereupon, team of NCB, Sub-Zone Mandi was
constituted and directed to conduct surveillance and carry out search and seizure operation under supervision of the Superintendent, NCB, Mandi Sub-
Zone and in pursuance thereto, NCB team reached Nalagarh Bus-stand and tried to associate independent witnesses in search and seizure process,
but none agreed for that. At about 8.30 p.m., the team noticed above referred car coming on Swarghat-Nalagarh-Baddi road, which was signaled to
stop by the team, whereupon, car was stopped, but all the three occupants alighted from the car and locked it and tried to run, however, two persons
namely Bhagat Singh (petitioner) and Rajvir @ Raju were apprehended by the team and they told that car had been locked by third person named
Ravi, who had escaped from the spot alongwith keys of the car. The car was opened by the NCB team with the help of a Mechanic Sanjeev Kumar
and the said Mechanic had also witnessed the Panchnama proceedings. During search, white coloured polythene kept on back seat of car was
recovered, wherein seven packets wrapped with brown scotch tape having black coloured finger shaped substance, were found.
On verification with Drug Detection Kit, it was detected as charas. On weighing, weight of contraband was found to be 1.945 kilograms.
During investigation, Call Detail Records (CDRs) of Bhagat Singh (petitioner), Rajvir @ Raju and Surinder Singh were also obtained and it has
been found that Bhagat Singh was in constant touch with Surinder Singh on his Mobile No.86288-80330 and another Mobile bearing No.7807554818,
which though was issued in the name of Mohar Singh cousin of Surinder Singh, but being used by Surinder Singh and on 4th and 5th August, 2019
petitioner had conversation with Surinder Singh about ten times. The complaint has been submitted by NCB before Special Judge, Nalagarh, against
the petitioner and co-accused, which is pending consideration.
Learned counsel for the petitioner submits that petitioner is not connected with commission of offence, in any manner, and he has relied upon
unsigned letter dated 10.01.2020 purported to be issued by Jatinder Rana, Proprietor of Master Hotel, Nalagarh, wherein he has stated that one person
namely Ravi Chand Tanwar had made entry in the register of Hotel at 10.20 a.m. on 05.08.2019 who had come alongwith another person and both of
them had entered in the Hotel in Room No.108 and after sometime, Ravi Chand Tanwar had left the Hotel at 10.50 a.m. for getting some medicine for
his friend, who was suffering from fever.
Referring copy of extract of register of Hotel, learned counsel for the petitioner has submitted that there is overwriting in the entry pertaining to
Ravi Chand Tanwar, which has been manipulated by the Investigating Agency to rope the petitioner in commission of offence falsely.
Learned counsel for the petitioner has submitted that alleged recovery of charas was effected from idle parked car and petitioner was not in the
car, but has been implicated falsely, whereas, car belongs to someone else and petitioner had nothing to do with the said car much less with the
contraband alleged to have been recovered from the car.
Learned counsel for the petitioner submits that as nothing was recovered from the petitioner, but from a car parked on the road, rigours of Section
37 of NDPS Act, are not applicable to him.
It is also submitted by learned counsel for the petitioner that as per para 40 of the complaint, filed by NCB, phone No.86288-80330 is in the name of
Surinder Singh alleged seller of contraband, whereas, Mobile No.78075-54818 is in the name of Mohar Singh and there is no record of conversation
between mobile number of petitioner i.e. 95885-61660 and 86288-80330 and, therefore, prosecution story that Bhagat Singh @ Bagga (petitioner) was
in constant touch of seller Surinder Singh, is not substantiated from the CDRs.
Learned counsel for the petitioner has also submitted that as per NCB form, charas was recovered at 10.20 p.m. on 05.08.2019, however, arrest of
the petitioner has been shown at 02.14 a.m. on 06.08.2019, which reflects that the petitioner was not on the spot, where alleged contraband was
recovered, but he has been implicated later on by creating evidence against him.
Learned counsel for NCB has submitted that unsigned letter issued by the Proprietor of Master Hotel, wherein he has stated that two persons had
come to his Hotel on 05.08.2019 is of no consequence as in the extract of register in entry against Room No.108, name of Ravi Chand Tanwar plus
two persons, has been mentioned and further that there are more than ten conversations between petitioner and seller Surinder Singh during 4th and
5th August, 2019 through Mobile No.95885-61660 and 78075-54818 and he further submits that it is specifically mentioned in the complaint on the
basis of evidence collected, that though Mobile No.78075-54818 was issued in the name of Mohar Singh, cousin of Surinder Singh, but the same was
being used by Surinder Singh. Further that submissions of learned counsel for the petitioner that contraband was recovered from an idle parked car on
the road and petitioner has been implicated on the basis of suspicion only and nothing has been recovered from him, are far away from the truth as it
has been unambiguously stated in the complaint that there were three persons sitting in the car, who on signal stopped the car, but thereafter they
locked it and tried to run away, but out of three, two were apprehended and one of them is petitioner.
It is submitted by learned counsel for NCB that it is wrong to suggest that nothing was recovered from Bhagat Singh @ Bagga (petitioner), but he
was one of the occupants of the car, wherefrom commercial quantity of charas was recovered and, therefore, Section 37 of NDPS Act is applicable
to the petitioner.
Learned counsel for NCB submits that there is no irregularity and illegality in arresting the accused after four hours of recovery of charas, as
petitioner has been arrested after completing codal formalities after recovery of charas at 10.20 p.m. and in completing those codal formalities, time
spent about four hours, is not unusual but natural and, therefore, arrest of the petitioner at 2.14 a.m., i.e. about four hours after recovery of the
contraband, substantiates that search and seizure proceedings on the spot were conducted in the prescribed manner.
Without evaluating rival contentions of parties and avoiding evaluation of material on record on merit, but considering quantity of contraband so
recovered and period of detention, nature and gravity of offence and also impact thereof on the society, I find that at this stage, balance of interest is
in favour of societal interest in comparison to personal interest of petitioner. Therefore, I am of the considered opinion that at this stage petitioner is
not entitled for bail. Accordingly, petition is dismissed.