The main legal point established in the judgment is the consideration of the period of custody, arguable points in the bail application, and previous judgments where bail was granted in cases involving commercial quantity of contraband.

JUDGMENT

Vikasbahl, J. (Oral) - This is a first petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR no.25 dated 28.03.2021 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (in short 'NDPS Act') (Section 29 of the NDPS Act has been added later on) at Police Station Lakhoke Behram, District Ferozepur.

2. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and has been picked up from his house. It is further submitted that a perusal of the FIR (Annexure P-1) would show that the same was registered at the instance of Shimla Rani, Incharge, CIA Staff who stated that she, along with other police officials including Sukhjant Singh, were patrolling when an informer had informed them that the present petitioner was carrying intoxicant tablets and accordingly on 28.03.2021, the petitioner was apprehended at village Chakh Megha. It is also submitted that a perusal of the vernacular of the FIR would show that the ruqa had been sent at 05:30 PM and the said ruqa was typed but in the FIR there was no mention of the fact that the police party was carrying a printer or laptop. It is stated that when the matter came up before a coordinate Bench of this Court on 15.12.2021, the following order was passed:-

'The reply filed on behalf of the respondent-State, dated 12.10.2021, is ordered to be taken on record.

Learned counsel for the petitioner has inter alia submitted that it not having been mentioned in the FIR at all that the police party was carrying any laptop and printer and they allegedly having been told of the petitioner carrying contraband with him only when they were on routine patrolling, by a secret informer, it would not be expected that they would be carrying such equipment; and actually the recovery has been planted on the petitioner, with him having been picked up from home and not at the place shown in the FIR, with even the 'Ruka' being a printed one, showing that it was obviously printed elsewhere than at the spot shown in the FIR.

Other than learned counsel for the petitioner pointing out from any statutory rules, or even executive instructions, that it needs to be mentioned as to what equipment a police party is carrying, the SSP Ferozepur, is directed to obtain the call details records of every member of the police party as is alleged to have apprehended the petitioner, for the period between 05:00 a.m. on 28.03.2021 till 09:00 p.m. on the same date, also giving therein the location of the tower location of each member of the police party during the said period (as per mobile phone records). Similarly, call details records of the mobile phone used by the petitioner would be obtained and placed on record by way of an affidavit of a gazetted officer, the said mobile number being 75290-73189 as per counsel for the petitioner.

Adjourned to 11.12.2022.

3. It is also stated that in pursuance of said order, the State has filed a short affidavit in which the call details of various persons who were members of the police party, who had got the alleged recovery effected, has been detailed. Learned counsel for the petitioner has referred to Annexure R-1, which are the call details of SI Shimla Rani, CIA staff as per which, at 17:54:02 on 28.03.2021, she was at Golu ka Mour, which is at a distance of 15 kilometers from the place of incident. Reference has also been made to Annexure R-6, which are the call details of Sukhjant Singh as per which at the said time, i.e. 17:59:01(05:59 PM), the said police official was at village Lalchian and it is thus, submitted that even the police party was not at the same place, at the time when the alleged recovery had been effected. Learned counsel for the petitioner has submitted that the petitioner has been in custody since 28.03.2021 and challan in the present case has already been presented and there are 13 prosecution witne