The presumption of innocence underpinning bail applications mandates a fair assessment, emphasizing the right to a speedy trial and granting bail unless exceptional circumstances arise.

JUDGMENT :

Sandeep Moudgil, J. (Oral)

1. Relief Sought

The jurisdiction of this Court under Section 439 Cr.P.C., has been invoked seeking the concession for the grant of regular bail to the petitioner in FIR No.23 dated 08.03.2024, under Sections 21 /22/29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Bhadson District Patiala.

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

'Contents: At this time it is registered that from ASI Parwinder Singh 262 has been received in the PS by hand PHG Jasvir Khan for the registration of case against Sandeep Singh @ Soni son of Kangan Singh resident of Rohti Chhanna PS Sadar Nabha. The contents of ruqa are: "To the SHO PS Bhadson, Jai Hind, Sir today I ASI along with HC Gurpreet Singh 577/PTL, HC Sewak Singh 1291/PTL, PHG Jasvir Khan 18084 in private vehicle were present at Grain Market, Bhadson, PS Bhadson in relation to patrolling and checking of suspicious persons, meanwhile one cropped hair person was standing under the shed constructed in the Grain Market, who was wearing green/white coloured shirt and black color pant. When the police party stopped on the way leading towards village Nanowal and alighted from the vehicle to conduct the checking of the vehicles passing through. Meanwhile it was time around 05:15 PM, the said person on seeing the police party got perplexed and immediately started moving towards Bhadson Colony in fast manner after throwing away some illegal object from her hands. On which I ASI along with fellow policemen sat in our vehicle and chased and apprehended the said person and asked about his name and address. On which he disclosed his name as Sandeep Singh @ Soni son of Kangan Singh resident of Rohti Chhanna PS Sadar Nabha. Thereafter I ASI told that I am ASI Parwinder Singh am posted at PS Bhadson. My name plate is affixed with my uniform. Thereafter I ASI along with fellow policemen went near the illegal substance thrown away by the said Sandeep Singh and checked the transparent polythene bag from which white colour intoxicant substance is visible, the transparent polythene bag was checked by opening its mouth. On which Chitta/Heroin was recovered. Thereafter I ASI took out the computer scale from my electronic kit and weighed the recovered Chitta/Heroin, on which it became 20 grams Chitta/Heroin. Thereafter the recovered heroin along with transparent polythene was put into a plastic box and by putting it into a cloth bag, its parcel was prepared. The parcel was duly sealed with my seal bearing PS. Sample seal was prepared separately. After use the seal was handed over to HC Gurpreet Singh 577. The parcel of cloth bag duly sealed containing recovered heroin was taken into police possession vide memo of recovery. Thereafter report under section 42 of NDPS ACT was prepared separately by I ASI. The said Sandeep Singh by keeping in his possession Heroin/Chitta in this manner has committed offence under section 21/61/85 NDPS Act. Therefore I am sending the ruqa to PS by hand PHG Jasvir Khan 18064 after getting it typed for the registration of case against said Sandeep Singh Soni son of Kangan Singh resident of Rohti Chhanna PS Sadar Nabha under the said offence. Kindly inform the file number after registering the case and inform higher officials and I/C Control Room Patiala through Email. I ASI along with fellow policemen am busy in investigation at the spot. SD/- Parwinder Singh ASI, PS Bhadson, Dated 08.03.2021. In the revenue limits of: Grain Market, Bhadson, time 7:00 PM.'

3. Contentions

On behalf of the petitioner

Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in