JUDGMENT

Mr. Harsh Bunger, J.

This order shall dispose of three petitions bearing CRM-M-23281-2022 titled as "Bidesh Rai v. Intelligence Officer, Directorate of Revenue Intelligence (Zonal Unit), 213, Rani Jhansi Road, Civil Lines, Ludhiana ", CRM-M-23282-2022 titled as "Ranjeet Rai v. Intelligence Officer, Directorate of Revenue Intelligence (Zonal Unit), 213, Rani Jhansi Road, Civil Lines, Ludhiana" and CRM-M-28130-2022titled as "Manoj v. Intelligence Officer, Directorate of Revenue Intelligence (Zonal Unit), 213, Rani Jhansi Road, Civil Lines, Ludhiana" as all these cases have emanated from common criminal complaint (File No.DRI/LDZU/855/INT-02/2021 dated 07.03.2022) registered at Revenue Intelligence (Zonal Unit), Ludhiana, under Sections 8 , 20, 27-A, 29 and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here-in-after referred to as 'the NDPS Act').

2. Prayer in all these three petitions, filed under Section 439 of the Code of Criminal Procedure, is for grant of regular bail to the petitioners in criminal complaint case (File No.DRI/LDZU/855/INT- 02/2021 dated 07.03.2022 ) (Annexure P-1), filed by the Intelligence Officer, Directorate of Revenue Intelligence (here-in-after referred to as 'the DRI') (Zonal Unit).

3. Separate replies in all the above-mentioned three petitions on behalf of the respondent, have been filed by learned Senior Standing Counsel, DRI, which are already on record on their respective case files.

4. Briefly, the DRI (Zonal Unit), Ludhiana, filed a complaint (F.No.DRI/LDZU/855/INT-02/2021) dated 07.03.2022, before the Judge, Special Court, Ludhiana; wherein, it was stated that a specific intelligence report was received by DRI Unit that Cannabis (Ganja) is stored in a godown premises situated at Village Mangli Nichi, Sahnewal, District Ludhiana, which was expected to be removed. The said Intelligence Report was reduced into writing and submitted to the superior officer and thereafter, the afore-said godown premises were searched by the officers of DRI Unit on 08.09.2021. As per the complaint, when the main door of the afore-said premises was knocked, then one person came outside who introduced himself as Shivam Singh son of Gopal Singh. Said Shivam Singh was informed by the DRI officers regarding the purpose of visit and also showed him the search warrant, which was signed by him and after following the due procedure, the officers entered the premises, which was found to be comprised of Ground Floor only in the form of a big hall. Shivam Singh informed that he had taken the said godown on rent from one Jiya Lal, who lives in Dhandari Kalan, Ludhiana. Inside the said premises, three more persons were found, who introduced themselves as Mintu Singh son of Gopal Singh, Arwinder Singh Sidhu son of Jaswinder Singh and Manoj son of Rajesh Kumar Sharma. During the search, 52 brown colour packets containing Ganja (Cannabis) were found and each packet weighed approximately 08 kgs. Shivam Singh admitted that each packet contained Ganja (Cannabis) and he had procured the same from Berhampur, Odisha.

5. On recovery of the Cannabis (Ganja), the DRI Officers asked the aforesaid four persons namely, Shivam Singh, Mintu Singh, Arwinder Singh and Manoj Sharma, as to whether their personal search be carried before a Magistrate or a Gazetted Officer; then they desired that their personal search be carried before a Gazetted Officer; whereupon, Ashwani Kumar Kapoor, Senior Intelligence Officer, DRI, Ludhiana (Zonal Unit) came at the spot and carried out the personal search of the afore-said four persons in the presence of witnesses; however, nothing objectionable was recovered from their personal search.

6. Upon weighing the 52 brown coloured packets, it was found that the total weight thereof was 428.13 kgs., having an illicit market value of Rs.85,62,600/-, which was seized after following the due procedure. Consequent to the recovery and seizure of 428.13 kgs. of Cannabis (Ganja); statements of the afo