The court granted bail considering the petitioner's clean antecedents and prolonged incarceration, despite the serious charges under the NDPS Act.

JUDGMENT :

Mr. Anoop Chitkara, J.

1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483, BNSS 2023, seeking regular bail.

2. As per para 11 of the reply dated 03.11.2024, the petitioner is not involved in any other case.

3. The facts and allegations are taken from the reply filed by the State. On 14th June 2023, based on prior information, the Police seized 38 intoxicant vials and 250 make ONREX 100/100 ML tablets marka Carisoprodol from the possession of Shavinderpal Singh, the pillion rider of the bike which the petitioner Birbal was driving. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973.

4. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973.

5. The petitioner’s counsel made the following submission:

• There is non compliance of provisions of Section 42 of NDPS Act.

• The petitioner was pillion rider and no recovery has been effected from him.

• PW1 SI Harminder Singh has himself admitted in his cross examination that no recovery was effected from the accused, when consent statemement Ex.P6 to P9 were recorded.

• SI Harinder Singh further admitted that FIR No.113 under section 22 of NDPS Act were already mentioned on the documents when these documents were scribed by him. He further admitted that consent statements ex.P8 and P9 do not bear his signature.

• No independent witness was joined by the police party at the time of alleged search and seizure.

• The petitioner is having clean antecedents. No other FIR has been registered against him.

6. The petitioner’s counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

7. The State’s counsel opposes bail and refers to para 11 of the reply which reads as under:

“ANTECEDENTS OF THE PETITIONER

SHAVINDERPAL

Perusal of record revealed that except the present FIR, no other FIR is found to have been registered against the petitioner.

12. A. THE ROLE OF THE PETITIONER.

The present FIR was registered against accused namely Shavinderpal (present petitioner) and his co-accused Birbal Singh on the basis of secret information received by ASI Satpal Singh Police Post, Chottian. Further investigation was carried out by SI Harminder Singh, who apprehended accused Shavinderpal and Birbal Singh @ Bittu and 38 intoxicant vials marka ONREX 100/100 ML having batch no. ONCS 1972 MFG DATE APR 2023 Expiry date Mar 2025 and 25 strips each containing 10/10 tablets total 250 intoxicant tablets marka Carisoprodol tablets IP Carisoma Tablets having batch no. CAROOSC Mfg. Date Dec 2022 Exp. Date Nov. 2025 were recovered from their conscious possession in the presence of Sh. Pushpinder Singh PPS, DSP, Lehra. On the verification made from the office of RTO, Sangrur the motorcycle bearing No.PB-13-AF-2368 used in the crime was found in the name of accused/petitioner Shavinderpal. The recovery of 38 intoxicant vials effected from accused/petitioner and his co-accused, falls within the category of commercial quantity. So, a specific role is attributed to the petitioner in the commission of present offence.

B. THE EVIDENCE AGAINST THE PETITIONER.

i) The recovery of 38 intoxicant vials marka ONREX 100/100 ML and 25 strips each containing 10/10 tablets total 250 intoxicant tablets marka Carisoprodol tablets. IP Carisoma Tablets was effected from accused/petitioner Shavinderpal and his co- accused Birbal Singh @Bittu

ii) Petitioner Shavinderpal has mobile phone no. 98764-20106 and Anil Kumar son of Balwan Singh mobile phone no. is 93501- 32064. The calls detail record of both the mobile phones was obtained, which on examination revealed that there were conversations between the two on 03.06.2023, 07.0