JUDGMENT :

Sandeep Moudgil, J. (Oral)

Relief Sought

1. The jurisdiction of this Court has been invoked under Section 439 Cr.P.C., seeking the concession of grant of regular bail for the petitioner in FIR No. 348 dated 24.11.2023 under Sections 21/22/61/85 of NDPS Act registered at P.S. Rajpura, District Patiala.

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

".FIR No.348 dated 24.11.2023, under Sections 21 & 22 of the NDPS Act, registered at Police Station City Rajpura, District Patiala. XX Xx xx XX XX XX xx XX XX xx XX XX xx xx XX XX X XX XX xx Copy of the original notification (Ruqqa, "SHO Police Station City Rajpura Patiala, Jai Hindi" Today on 24.11.2023, I myself SI alongwith the ASI Harjinder Singh 3099/PAT, ASI Sinderpal Singh 501/PAT, PHG Jasvir Singh No.509/PAT, PHG Jujhar Singh No. 30842, PHG Bittu Singh No. 18229 boarded on with the private vehicle with the Laptop and Printer were present in concern to the blockade at New Under Bridge Near Court Road Rajpura. And were checking the vehicle passing through there. It was around 6.30 PM when a bullet motorcycle came from the under bridge side. No. PB 08 DW 0321 red in colour, two non sikh young men, who seeing the blockade party, panicked and started to stop the motorcycle and turn back, I, myself SI stopped them on the basis of suspiciousness by bawling them and apprehended with the help of fellow workers. And they were asked for their name and address. The motorcycle driver uttered his name as Kiran Kumar, son of Kala Masih, resident of House No. 87, Uchi Ghati, Ward No. 10, near Kila Police, Phillour Police Station Phillour District, Jalandhar and the pillion rider said his name Vicky son of Garib Das resident of Deha Basti Brara Road Sahbad (Haryana) District Kuruks) etra. Then I myself SI, introduced myself and said, "I am Thanedar Jagjit Singh posted at Special Cell Rajpura. You may have narcotics in your possession. I have to search you but you have the legal right to do so." You can get your search done by Magistrate or any gazetted. officer who may be called on occasion, who the a thought for a while and said that we are quite sure that you can search us and the motorcycle in our possession. Then I, myself SI has issued separately the notice under section 50 of ND&PS Act to the Motorcyclist Kiran Kumar, son of Kala Masih, resident of House No. 87, Uchi Ghati, Ward No. 10, near Kila Police, Philore, Philore District, Jalandhar, and Vicky, son of Garib Das, resident of Dheha Basti, Barara Roal, Shahbad (Haryana), District Kurukshetra. And then written Memo of personal statement of consent separately of the aforesaid Kiran Kumar and Vicky. The aforesaid Kiran Kumar and Vicky signed their signatures and the witnesses gave their signatures on the Memo of consent of personal statement. Then I, myself SI conducted a search of the said Kiran Kumar and during the search, a white coloured polythene envelope was recovered from the right pocket of the black lower worn by the said Kiran Kumar. And on checking the envelop and as he told the heroin was discovered and found 25 gram in weight alongwith the polythene envelop. A parcel was prepared by putting the recovered intoxicant heroin in the polythene envelop in the plastic box. Then on checking the pillion rider Vicky, a black coloured polythene envelope was recovered from the lower left pocket of the black colour lower, which was checked and discovered the intoxicating pills which on counting were 980 in quantity, which was then put back into the polythene envelop and then were put in plastic box and parcel of the same was prepared and both the parcel were sealed with their seal stamp of Letter JS. The sample stamp was prepared separately AND then after the use of the stamp/seal was handed over to ASI Sinderpal Singh No. 501/PIT then I, myself SI has taken both the sealed parcel alongwith the sample seal into police custody through a separate Memo and on the