The court recognized the right to privacy and the right to be forgotten, emphasizing accountability in law enforcement and awarding compensation for wrongful detention.

JUDGMENT :

Kirti Singh, J.

1. The jurisdiction of this Court was invoked under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in case FIR No. 125 dated 26.06.2024, under Section 22 of the NDPS Act, 1985 registered at Police Station Sultanpur Lodhi, District Kapurthala.

2. The translated contents of the FIR are reproduced below:

“SHO Sultanpur Lodhi, Jai Hind, Today, alongwith ASI Harbhajan Singh No. 1386/KPT, ASI Baldev/KPT alongwith investigation Kit checking Police doubtful Station people to Mothawali, Latiyawal going towards, when for from Dadwindi, etc. were the police party reach cremation ground of Mothawala then from the side of cremation ground from Kacha passage a car moving towards road in a fast speed after seeing the police party in the government vehicle in uniform and at once tried to turn around the car with the result the rear tyres of the car fell in the paddy fields and the car was stopped and the in our presence the person took a plastic polythene from his right pocket of his lower and thrown in his feet. In which the capsules were clearly seen. He was apprehended with the help of other employees and asked his name and address, who informed the alias his name Lovely loverpreet Singh son of Sharanjit Singh resident of Mothawala, Patti Kamalpur, Police Station Sultanpur Lodhi, District the Kapurthala and car SNeutral presso No. PB-41-D-8567 white coloured was found. On this I SI in the presence of employees asked him about the polythene thrown by him then Lovepreet Singh alias Lovely above stated that in the polythene there are narcotic capsules. After seeing the police party he frightened to save himself reversed the vehicle and the polythene was thrown in his feet. He failed to show any license/permit or prescription of doctor of thrown narcotic capsules. On this as per following the procedure Under Section 42 of NDPS Act the report through AB Pinder Singh No. 975/KPT in sent, I SI alongwith companions informed the names and reason for checking. I SI stated that as per your saying you are having narcotic capsules the search of you and the polythene thrown by you and of your car to be conducted, but you have legal right to get the search to be conducted from Magistrate sahab or from any Gazetted Officer of you and your thrown polythene and of your car. Then arrangement can be made. Then he stated that he has full faith in you. You can search me and the polythene thrown by me. On this, a notice U/s 50 of NDPS Act was given to him and the Lovepreet Singh alias Lovely above signed the same and a separate consent memo was prepared and the same was signed by Loverpreet Singh alias Lovely and witness the same before search an effort was made 10 join public witnesses/respectable person/Sarpanch/Panch/Lumberdar/Chowkidar but everybody shown his inability, due to nobody have joined this the reason police party. Then apprehended Lovepreet Singh alias Lovely above picked up the polythene thrown by him and opened its mouth for checking and it was found narcotic capsules without any mark were recovered. Recovered narcotic capsules after counting it come to 525. The same were put in the same polythene and prepared parcel and stamped with my stamp RS and sample of stamp was prepared separately and handed over to ASI Harbhajan Singh No. 1386/KPT after checking the car a RC was recovered from the dash board No. PB-41-D-8567 coloured RC is in the white name of Lovepreet Singh son of Sharanjeet Singh resident of Kamalpur, Kapurthala. Which 08.02.23 recovered narcotic to valid from 07.02.38. parcel of The 525 with car one capsules stamped stamp RS alongwith Spresso No. PB-41-D-8567 along with RC were taken into possession vide separate recovery memos and taken into possession by the police for evidence. That the Lovepreet Singh alias Lovely son of Sharanjit Singh resident of Mothawala, Patti Kamalpur, Police Station Sultanpur Lodhi, District Kapurthala by keeping in his possession of 525 narcotic capsules lice