The court emphasized that under Section 37 of the NDPS Act, the burden lies on the accused to prove non-involvement in drug-related offenses, particularly when the quantity is commercial.

JUDGMENT

Anoop Chitkara, J. 

The petitioner, apprehending arrest in the FIR captioned above for selling 255 grams of Heroin to Jaspreet Singh from whose possession the police has recovered the same, came up before this Court under Section 438 of the CrPC, 1973, seeking anticipatory bail.

2. In paragraph 19 of the bail application, the accused declares the following criminal antecedents:

3. The petitioner contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and his family.

4. While opposing the bail, the contention on behalf of the State is that they want custodial interrogation because the quantity of contraband involved in the case falls in the commercial category, and they have collected sufficient evidence that prima facie points towards the petitioner's dealings with the drugs trade and the international mafia.

Facts:

5. Facts of the case are being taken from short reply dated 08.04.2024 filed by concerned DySP which reads as under:-

"2. That in compliance to the order dated 04.04.2024, it is most respectfully submitted that FIR No. 0040 dated 06.03.2024 under Section 21/61/85 of NDPS Act was registered at Police Station Special Task against Jaspreet Singh Singh alias Preet son of Jaswant Singh, resident of Village Baghe Ke Uttar, Jalalabad, District Fazilka. On 06.03.2024, Police party during patrolling when reached Clock Tower Chowk, Jalalabad, one secret informer gave secret information that Jaspreet Singh alias Preet son of Jaswant Singh, r/o Bagge Ke Uttar, Jalalabad, who is running hotel under the name and style of Jass Villa at Muktsar Road Byepass, Mannewala, also indulged in selling heroin to its customers and now at present he is standing in front of his hotel on Pulser Motor cycle color Black and waiting for the customers to whom he sells heroin. The information is reliable and trustworthy and as such Ruga was prepared and the present case was registered. Thereafter, as per the secret information, ASI Balkar Singh along with his companions proceeded on Government vehicle PB-11-CB-5832 on the disclosed place and on seeing the police party, Jaspreet Singh alias Preet tried to flee away from the spot along with motor cycle, but he was apprehended by the police. Thereafter ASI Balkar Singh 1991/FZR disclosed his identity to him and told him that he had suspicion that you were in possession of some narcotic substance and as such your personal search was reguired. ASI Balkar Singh also offered him that his search could be conducted in the presence of Gazetted officer or Magistrate and at this Jaspreet Singh alias Preet showed his willingness to get himself searched in the presence of Gazetted officer and at this the non consent memo was prepared and Jaspreet Singh alias Preet signed the same. Thereafter, ASI Balkar Singh called Shri. Rakesh Kumar, PPS, DSP, STF Ferozepur Range at the spot and in his presence, the search was made and from the pocket of pent of Jaspreet Singh alias Preet, 255 gram heroin was recovered, which was taken into possession by the police vide separate memo. The motor cycle was also taken into possession vide separate memo. The site plan was also prepared at the spot. One mobile phone make 12 Pro Max containing sim no.78890-80678 Jio company was also taken into possession by the police vide separate memo.

3. That during police remand, Jaspreet Singh alias Preet admitted that the heroin which was recovered from him, he purchased the same from Sanket alias Sunny (Petitioner) son of Subash Uppal, who is running karyana shop at Bhattian Wali Basti, Ferozepur City few days ago. Jaspreet Singh alias Preet further Admitted that he purchased the heroin from Sanket alais Sunny (petitioner) by contacting through his phone