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Ajay Sharma Anticipatory Bail Sonika 2017
Ajay Sharma Anticipatory Bail Sonika 2017
CRM-M-________ of 2017
Versus
MEMO OF PARTIES
Ajay Kumar, aged 41 years son of Girwar Lal Sharma, R/o Kothi No.7, Shastri
... Petitioner
Versus
Settled by
Dr. Anmol Rattan Sidhu
Senior Advocate
2
AND
Further prayed that during the pendency of this petition,
AND
Further prayed that filing of certified/typed copies of
India and has been falsely implicated in the above mentioned FIR. It is
submitted that the present FIR is nothing but a tool used by the complainant
petitioner in this false and frivolous case is literally misusing the law and also
the state machinery. The petitioner has no other option but move to this
Honble court with this present petition, seeking anticipatory bail. For the
kind perusal of this Honble Court, true translated copy of FIR dated
petitioner approached the Ld. ASJ, Amritsar but the Ld. ASJ, Amritsar without
appreciating the facts and evidence produced by the petitioner dismissed the
bail application of the petitioner vide order dated 09.06.2017. For the kind
to discuss the factual matrix that is required to be exposited for the purpose
case.
demanding bribe from the petitioner and his family. They were
being the only responsible male member of the family, called his
present case, to support him and his family during the bad time.
and the Local Police entangled him in the instant FIR with total
officials reached and told that Sanjay Kumar & Ajay Kumar has
front of Chopra Mobile Store and they both kept the heavy
(iv) On the basis of said information, police party raided the house
(v) Hence, the present petition for the grant of anticipatory bail.
GROUNDS
The Honble Apex Court in its judicial pronouncement titled as Som Mittal v.
xxxxx. 52. Thus the provision for anticipatory bail was introduced in the
Code of Criminal Procedure because it was realised by Parliament in its
wisdom that false and frivolous cases are often filed against some persons
and such persons have to go to jail because even if the first information report
5
is false and frivolous a person has to obtain bail, and for that he has to first
surrender before the learned Magistrate, and his bail application is heard only
after several days (usually a week or two) after giving notice to the State.
During this period the petitioner has to go to jail. Hence even if such person
subsequently obtains bail his reputation may be irreparably tarnished, as
held by the Supreme Court in Joginder Kumar case [(1994) 4 SCC 260 : 1994
SCC (Cri) 1172 : AIR 1994 SC 1349] . The reputation of a person is a valuable
asset for him just as in law the goodwill of a firm is an intangible asset. In The
Gita Lord Krishna said to Arjun:
The Ld. ASJ ought to have appreciated the concept of Personal Liberty as the
law of the land defined under Article 21 of the Constitution of India .The
i. Because the Ld. ASJ hurriedly did not appreciate the fact that
nor any alleged recovery was effected from him. Thus, the
young persons were found present and the petitioner ran away
from the house. All the police officials were armed with the
ii. Because the entire story of FIR is based upon the information
and Sunil Sharma and Ajay Sharma both brothers have taken the
petitioner is Girawar Lal Sharma and in the FIR, the father name
Singh handed over his seal after use to ASI Harjinder Singh. It
iv. Because, the Ld. ASJ ought to have appreciated the fact that the
present petitioner & his wife Reena Sharma) and the brother
concern with the business of the brother and is not aware of his
been expressed :-
forcefully dragged in this case. The petitioner is ready to join the investigation
7. That the petitioner has not filed any such or similar petition
either in this Hon'ble Court or in the Hon'ble Supreme Court of India. No such
other court of competent jurisdiction in India at the time of filing the present
petition.
CRM-M-________ of 2017
Versus
under:-
before this Honble Court, which is likely to succeed on the basis of grounds
taken therein. The same may be read as part and parcel of the present
affidavit.
drafted under the instructions and authority of the deponent and after
3. That the deponent has not filed any such or similar petition for
the same cause either in this Hon'ble Court or in the Hon'ble Supreme Court
of India.
12
Place: Chandigarh
Verification:-
Verified that the contents of para 1 to 4 of the above affidavit are true
concealed therein.
Place: Chandigarh
ANNEXURE P-1
N.C.R.B.
2.
11.01.2017 11.01.2017
Date Time
5. Place of occurrence
(a) Direction and distance from P.S. EAST 2 KM(s). Beat No.
6. Complainant/Informant
(g) Occupation :
(h) Address:
along with S.O Swaran Singh 1182, A.S.I. Sarabjit Singh 1974, H.C. Harpal
Singh 3874, H.C. Ram Pal 329, H.C. Harwant Singh 372, P.H.G Paramjit Singh
1875 Scorpio, the driver of the same is Dilbagh Masih 3810 in concern of
Patrol Duty and in search of anti-social aliments were present at Bus Stand
16
Vijay Nagar, Batala Road. Where A.S.I. Harjinder Singh In-charge Police Post
Vijay Nagar along with H.C. Sewa Singh 2827, H.C. Gurmeet Singh 2388, H.C.
Gurjeet Singh 3539 met, they were joined and search of the vehicle was
started, that time at around 6.00 p.m. A.S.I. Parminder Singh 1007 and A.S.I
Kulwinder Jeet Singh 2950 Special Investigation Staff Amritsar came present.
A.S.I Parminder Singh informed me that Balwant Singh S/o Joginder Singh
Caste Parjapat R/o Sandhu Colony, Near Kandian Wala Khuh. G.S. Ittan Wala
has purchased another house near Parkash Vihar opposite Chopra Mobile
Store. That this house he has rented out to Sanjay Kumar and Ajay Kumar
Residents of Shastri Nagar Lawrance Road, Sanjay Kumar and Ajay Kumar
both brothers are running a shop in the mane and style of S.A. Medicine
Center at Chowk Farid and they have kept intoxicated drugs in large number
at their rented house at Parkash Vihar, in case raid may be conducted then
Inspector, Station House Officer made aware about the circumstances to Dr.
Bal Kishan Singla P.P.S. A.C.P North Amritsar and Drug Inspector Bableen
Kaur, Zone Amritsar-3 and Rajinder Singh Investigation Officer N.C.B.C. and
requested them to reach at Bus Stand Vijay Nagar. That after around half and
quarter past half hour Dr. Bal Kishan Singla P.P.S. A.C.P. North Amritsar along
with his staff boarding official vehicle and Drug Inspector Bableen Kaur Zone-
3 Amritsar along with Drug Inspector Sukhdev Singh and Rajinder Singh
Investigation Officer N.C.B along with his staff reached the spot and witness
from public Vijay Kumar S/o Ram Parkash R/o House Number F21/1043
Sandhu Colony Main 88 feet Road, Dhillon Property Dealer Amritsar, who was
passing by was joined into investigation party and house of Balwant Singh
17
above named situated at Parkash Vihar near Chopra Mobile Store was raided
all of us together where two Hindu gentlemen were found present out of one
Hindu young men upon seeing Police party fled from the spot using stairs and
other young men was nabbed by myself with the help of fellow employees
and asked his name and address, who upon my asking revealed his name as
Sunil Sharma s/o Om Parkash Sharma R/o House Number M 140 Street No. 7
the name of the person who fled from the spot as Ajay Kumar. Upon searching
the house, out of the room built in the house huge quantity of drugs lying in
different card board boxes was checked by Drug Inspector Rajinder Singh,
with the help of Investigation Officer N.C.B.C and under the supervision of Dr.
Bal Kishan Singla, A.C.P. North and the same were taken out of the boxes and
were counted and at allot No. (1) Kamini Vidrawan Ras Manufactured by Shri
Vaidya Nath Patna bearing Batch No. 5 total of 1038 pet bottles each
Delhi the Batch number of the same is 86/14-16 total of 1050 pet bottles each
Company Ali Pharma Mumbai containing 1295 pet bottles of A.P 183 Barch
and 225 pet bottles A.P 198 Batch total of 1620 each containing 40 tablets in
which total of 64800 tablets (4) Kamni Vidrawan Ras Sarsia which have been
number of the same 227-N total of 396 pet bottled, each bottle containing 40
tablets total of 15840 (5) Kamni Vidrawan Ras Sarsia which has been
18
1392 pet bottles batch of each number 2 P-11 total 55680 tables (6) Kamni
Limited Bagi Bishampur West Bengal 101 pet bottles each containing Batch
Rex Remidies Private Limited G.T. Karnam Rioad Industrial Area Delhi each
containing Batch No. 105/72 total 120 pet bottles, each bottle contains 40
tablets total 4800 tables (8) Kamni Vidrawan Ras Batch Number U.K.V. 04151
120 boxes each box containing 40 pet bottles, total 4800 tablets (9) Kamni
Vidrwal Ras Batch Number K.V.R. 70316 total 180 pet bottles each containing
40 tablets total 7200 tablets above mentioned recovered pet bottles contains
medicines were put in same cardboard boxes and the boxes were kept in
was mentioned and allot Number 2, box 1 box Jatt Fladi Vati 10 Multani Batch
Number 544 M whereupon 444 pet bottles, each pet bottle contains 15
tablets total of 6600 tablets, weight of medicine in each pet bottle is 5 gram
has been mentioned, same was also put in cardboard box and wrapped in
plastic bag and Serial Number upon it was mentioned as 10 and allot Number
Area, New Delhi 110020 Pin Code, 105 pet bottles each containing Batch No.
which total weight is calculated as 6300 gram same was also put in cardboard
box and wrapped in plastic bag and parcel was prepared whereupon Serial
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cardboard box and wrapped in plastic bag and parcel was prepared and Serial
Number was mentioned as 12 and 120 pet bottles 0275 Batch medicines
were same was also put in cardboard box and wrapped in plastic bag
separate parcel was prepared and number was mentioned as 13 and 480 pet
bottles 0015-007 Batch medicines same was also put in cardboard box and
wrapped in plastic bag and parcel was prepared, the number of the same was
mentioned as 14 and 120 pet bottles 0016-022 Batch medicines same was
also put in cardboard box and wrapped in plastic bag and parcel was
prepared whereupon Serial Number was mentioned as 15. 120 pet bottles
each containing Batch No. 0016-023 weight of each medicine has been
which total weight is calculated as 94500 gram same was also put in
cardboard box and wrapped in plastic bag and parcel was prepared
Barsasa Rex Company, The Rex Remedies, G.T. Karnal road, Industrial Area
Delhi Total of 1440 pet bottles each containing Batch Number 05/87 weight
of each medicine 10 Gram total weight 14400 Gram same was also put in
cardboard box and wrapped in plastic bag and parcel was prepared
Rex Company, The Rex Remedies, G.T. Karnal road, Industrial Area Delhi Total
of 103 pet bottles each containing Batch Number 05/83 weight of each
medicine 60 Gram total weight 6180 Gram same was also put in cardboard
20
box and wrapped in plastic bag and parcel was prepared whereupon Serial
Sanah Herbals Patpad Ganj Delhi manufactured by Barsasa Rex Company, The
Rex Remedies, G.T. Karnal road, Industrial Area Delhi Total of 192 pet bottles
each containing Batch Number 21/40 weight of each medicine 25 Gram total
weight 4800 Gram same was also put in cardboard box and wrapped in
plastic bag and parcel was prepared whereupon Serial Number was
Industrial Area Delhi Pin Code 110092, 50 pet bottles each containing Batch
Number 003 weight of each medicine 50 Gram total weight 2500 Gram same
was also put in cardboard box and wrapped in plastic bag and parcel was
prepared whereupon Serial Number was mentioned as 20, Allot Number (4)
Limited 238 Patpad Ganj Delhi manufactured by Barsasa Rex Company, Total
of 390 pet bottles each containing Batch Number 33/56 was also put in
cardboard box and wrapped in plastic bag and parcel was prepared
whereupon Serial Number was mentioned as 21, of 350 pet bottles each
containing Batch Number 33/58 was also put in cardboard box and wrapped
in plastic bag and parcel was prepared whereupon Serial Number was
mentioned as 22, of 120 pet bottles each containing Batch Number 33/59
total of 860 pet bottles, each containing 20 Tablets total of 17200 tablets was
also put in cardboard box and wrapped in plastic bag and parcel was
Hambo Momsaki New Sanah Laboratory 310 Patpad Ganj Industrial Area
Delhi 170 pet bottles each containing Batch Number 002, containing 20
21
tablets each total 3400 tablets was also put in cardboard box and wrapped in
plastic bag and parcel was prepared whereupon Serial Number was
mentioned as 24. All the plastic bags parcels were sealed by myself Inspector
with my seal B.K and each bag was mentioned 1/1 and specimen of seal was
prepared separately and myself Inspector handed over the seal after use to
A.S.I. Harjinder Singh and A.C.P Sir kept his seal with himself all the above
mentioned parcels were taken into Police custody vide separate memo and
suspect Sunil Sharma S/o Om Parkash Sharma R/o House Number M 140
Street No. 7 Panchsheel Garden Naveen Sharma Delhi, Patti Police Station
above named and Ajay Kumar who fled from the spot by keeping such huge
under section 18,21,61,85 of N.D.P.S. Act, whereby for registration of the case
a slip was written and is being sent by hand through H.C. Harpal Singh 3874
to Police Station, After registration of the case, number of the same may be
informed. Control Room may be informed, Special Reports may be issued sent
for the kind perusal of Duty Magistrate and Senior Officers. Myself ASI along
House Officer Police Station Sadar Amritsar. Dated 12.01.2017. today in the
area of Parkash Vihar Batala Road, Amritsar time 04.00 A.M. Today at Police
Above mentioned case under above mentioned sections was registered, copy
of the FIR along with original statement is being sent by hand through arrived
H.C. to responsible Inspector/SHO. Special Reports are being issued and are
22
being sent by hand through HC Dilbagh Singh 2977 for the kind perusal of
(2) Directed (Name of the I.O.) PALWINDER SINGH Rank I (Inspector) No:
OR
on point of Jurisdiction.
R.O.A.C.
ADVOCATE
23
ANNEXURE P-2
STATE
Versus.
Sunil Sharma, aged 31 years, R/o M-140, Gali No.7, Panchsheel Garden,
..........Accused.
FIR no.12/12.01.2017.
applicant/accused.
ORDER
the police party headed by Inspector Palvinder Singh was present at Bus
Stand Vijay Nagar, Batala Road in connection with patrolling and search of
bad elements where ASI Parminder Singh alongwith other police officials
reached and told that Sanjay Kumar and Ajay Kumar has taken on rent a
house from Balwant Singh at Parkash Vihar in front of Chopra Mobile store
and they both kept the heavy quantity of intoxicant medicines there and if
raid is conducted, recovery could be made. At this raid was conducted at the
disclosed place where two persons were present. The police party
apprehended the present applicant-accused Sunil Sharma from there and one
person whose name was later on known as Ajay Kumar was managed to flee
away from there. The heavy quantity of intoxicant medicine i.e. 41520 tablets
of Kamni Vidrawan Ras, 42000 tablets of Kamni Vidrawan Ras, 64800 tablets
of Kamni Vidrawan Ras, 15840 tablets Kamni Vidrawan Ras, 55680 tablets of
Kamni Vidrawan Ras, 4040 Kamni Vidrawan Ras, 4800 tablets of Kamni
Vidrawan Ras, 4800 tablets of Kamni Vidrawal Ras, 7200 tablets of Kamni Des
place in this case which they kept in their possession without any valid
license or permit.
3. The learned counsel for the applicant has argued that the
Amritsar once or twice in a year to the matrimonial home of his sister on the
special occasions only. He has only came to Punjab on the call of his sister on
25
upon his phone call details to show that accused never came to Punjab. He is
working in Delhi and never came to Punjab and thus, it is clear that accused
ready to abide by each and every condition imposed upon him of bail. Hence,
4. On the other hand, learned Addl. PP for State has opposed the
bail application and has submitted that the applicant/accused was arrested
from the spot and heavy quantity of intoxicant medicine was made from his
of regular bail at this stage and has prayed for dismissal of bail application.
applicant/accused are that he was arrested from the spot on 12.1.2017 and
from his possession . Learned counsel for the applicant argued that applicant
never came to Punjab before 5.1.2017. He also relied upon office record and
call details of applicant to show that he never came to Punjab, hence he is not
has been arrested from the Godown and huge stock of intoxicant tablets
26
Godown on record to link accused with said Godown. It is correct that there is
nothing on record that accused had rented the disputed godown but it is not
disputed that accused was present in godown when raid was conducted and
recovery made. Further, counsel relied upon RTI information under Drugs &
or not. The judgment of Prajesh Shantilal Vaghani Vs. The Intelligence Officer,
Dayanand Vs. State of Haryana, 1992(2) RCR ( Crl.) 91 relied upon by counsel
for applicant has no bearing to the facts and circumstances of present case as
till date no report of Chemical examiner has not been received in this case and
in case the recovery made in this case falls under the commercial quantity
ground is made out to grant regular bail to the applicant, at this stage.
Sd/-
Pronounced :06.04.2017. (Monika Goyal)
Addl. Sessions Judge,
Amritsar.
True Copy
27
ANNEXURE P-3
IN THE COURT OF MS. MONIKA GOYAL, ADDL. SESSIONS JUDGE, AMRITSAR.
B.A. no. 2646/2017.
STATE
Versus.
Ajay Kumar, aged 41 years son of Girwar Lal Sharma, R/o Kothi No.7, Shastri
..........Accused.
FIR no.12/12.01.2017.
U/ss 18 and 21 of NDPS Act .
Police Station : Sadar, Amritsar.
accused.
ORDER
anticipatory bail in FIR No. 12 dated 12.01.2017, u/s 18 and 21 of NDPS Act,
the police party headed by Inspector Palvinder Singh was present at Bus
28
Stand Vijay Nagar, Batala Road in connection with patrolling and search of
bad elements where ASI Parminder Singh alongwith other police officials
reached and told that Sanjay Kumar and Ajay Kumar has taken on rent a
house from Balwant Singh at Parkash Vihar in front of Chopra Mobile store
and they both have kept the heavy quantity of intoxicant medicines there and
the disclosed place where two persons were present. The police party
apprehended Sunil Sharma from there and one person whose name was later
on known as Ajay Kumar managed to flee away from the spot and heavy
42000 tablets of Kamni Vidrawan Ras, 64800 tablets of Kamni Vidrawan Ras,
15840 tablets Kamni Vidrawan Ras, 55680 tablets of Kamni Vidrawan Ras,
4040 Kamni Vidrawan Ras, 4800 tablets of Kamni Vidrawan Ras, 4800 tablets
of Kamni Vidrawal Ras, 7200 tablets of Kamni Des Vidrawal Ras of different
manufactures was recovered from the disclosed place in this case which they
kept in their possession without any valid license or permit. On the basis of
3. Notice of the bail application was given to state and trial Court
4. The learned counsel for the petitioner has argued that the
and he has no concern with the alleged recovery and he has been nominated
in the present case being brother of the co-accused Sunil Sharma. He further
argued that neither the petitioner was arrested from the spot nor any alleged
29
recovery was effected from him and nothing is to be recovered from the
petitioner and the custodial interrogation of the petitioner is not required for
undertakes to abide by all the terms condition imposed upon him of bail and
nos. 1134 and 1135 of 2015, 2011 (1) SCC 694, 2008 (3) SCC 753. Hence, he
5. On the other hand, learned Addl. PP for State has opposed the
bail application and has submitted that when the raid was conducted at the
the police party, the petitioner/accused managed to flee away from the spot
and huge stock of intoxicant tablets recovered from it. She has further argued
allegations against the petitioner-accused that he fled away from the spot on
seeing the police party and thereafter huge stock of intoxicant intoxicant
medicine i.e. 41520 tablets of Kamni Vidrawan Ras, 42000 tablets of Kamni
Vidrawan Ras, 64800 tablets of Kamni Vidrawan Ras, 15840 tablets Kamni
Vidrawan Ras, 55680 tablets of Kamni Vidrawan Ras, 4040 Kamni Vidrawan
Ras, 4800 tablets of Kamni Vidrawan Ras, 4800 tablets of Kamni Vidrawal
30
Ras, 7200 tablets of Kamni Des Vidrawal Ras of different manufactuers was
recovered from the spot. It has been contended by Ld. Addl..PP for the state
ascertaining his role and role of other persons involved in the offence. On the
other hand, learned defence counsel relied upon the fact that till date no
however this fact has no bearing to the facts and circumstances of present
case as in the present case, huge cache of intoxicant medicines have been
without expressing any opinion on the merits of the case and in view of
gravity and seriousness of the offence, the instant bail application deserves
True Copy
Advocate