The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing in the accused's innocence, especially when commercial quantities of drugs are involved.

JUDGMENT :

Mr. Sandeep Moudgil, J.

1. Prayer

This petition has been filed under Section 483 of B.N.S.S., 2023, for grant of regular bail to the petitioner in FIR No. 0012 Dated 15.03.2023 (Annexure P-1), Under Section 21 , 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Under Section 379 & 411 of IPC, 1860 registered at Police Station: Thulliwal, District Barnala.

2. Prosecution story set up in the present case as per the version in the FIR reads as under:-

‘Copy Officer Incharge, Police Station Thulliwal, Fateh, Today I SI/SHO along with Jagtar Singh 930, Sr. Constable Lovepreet Singh 873, Lady Constable Ninder Kaur 1029 on government vehicle no. PB-13BA-1834 being driven by ASI Daya Singh 713 in connection with patrolling and checking of suspected persons were present near Gurughar Bus Stand, Hamidi then time was about 01:45 PM. Then secret informer gave Information to me secretly that Jaspal Singh son of Harjit Singh resident of Dharamkot, Gurmukh Singh son of Lakhvir Singh, Rinku son of Ujagar Singh, residents of Bhinder Kalan, Raghu Kabaria and Ravi Kabaria residents of Dharamkot have formed a gang of their own who are stealing vehicles and doing business of selling intoxicant on their vehicle Bolero Camper white colour bearing No. PB 30 N 4465. Today also they have been seen while selling intoxicant at Amla Singh Wala Drain. If their search be conducted at drain then they can be apprehended red handed. I alongwith fellow companions reached at Bridge drain Amla Singh Wala on finding the information solid and reliable, then time was about 02:10 PM that above numbered car was parked on the road under the tree placed on path at right side towards the Amla Singh wala drain at 20 meters away. The vehicle was facing towards the road and there were three young boys were searching the transparent polythene bag placed on bonnet. On seeing the vehicle of police party slow down they tried to ran after leaving the polythene bag on the bonnet of the car and then three young persons were apprehended by the help of fellow companions and asked their name and address, then first young boy disclosed his name as Jaspal Singh son of Harjit Singh, resident of Dharamkot, second young boy disclosed his name Gurmukh Singh son of LakhvirSingh and third young boy disclosed his name as Rinku son of Ujagar Singh residents of Bhinder Kalan. Then I tried to join public witness from nearby and asked the passer-by to join as witness but everyone by showing their helplessness left the spot. Therefore no one made as witness. Then I introduced myself to apprehended Jaspal Singh above that “I am Sukhwinder Singh SHO of Punjab Police and posted at Police Station Thulliwal as Station House Officer, I am wearing the uniform as per my rank and name plate in my name affixed. I have clearly seen the intoxicant substance heroin in the open mouth transparent polythene bag left by you on the bonnet of the car. I want to search the vehicle in your possession and to take the transparent polythene bag of intoxicant powder heroin in police possession by checking it. But you have legal right that if you want to get search of the transparent polythene bag of intoxicant substance heroin and take possession in the police and search of car from any Gazetted Officer or Magistrate Sahib then I can call one officer at the spot out of them or to take you before them. On which Jaspal Singh above told me that, “I have listened and understand you and I want to get conduct the search of car from you and to hand over the opened mouth transparent polythene bag left by me on the bonnet from which intoxicant substance heroin is clearly seen”. On which notice under section 50 of NDPS Act and consent memo of Jaspal Singh above was prepared. Accused and witnesses put their signatures. Then I introd