JUDGMENT :

Sumeet Goel, J. (Oral)

Present petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No. 178 dated 17.08.2024, under Sections 21(b), 61-85 of NDPS Act (Section 29 NDPS Act added later on), registered at Police Station Dasuya, District Hoshiarpur.

2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:

"Chief Officer, Police Station Dasuya, Jai Hind. Today, I ASI alongwith SI/LR Navjot Singh no. 1971/HSP(Civil Duress), HC Rohit Minhas No. 1280/HSP (Civil Dress), HC Mantej Singh. 439/HSP (Civil Dress), HC Sandeep Minhas No. 1092/HSP (Civil Dress), That on private vehicle for investigation regarding FIR no. 244 dated 29/07/2024 U/s 21-B/29-61-85 NDPS Act police station City Hoshiarpur were present village kotli khurd at police station Dasuya Distt. Hoshiarpur where Arun kumar @ Laddu S/o Bhola resident of ward No. I street no. 10 police station mukhyabaad who was named in the aforementioned FIR was arrested who at the time of interrogation in the aforementioned FIR has revealed that "I am in the business of supplying drugs. A few days ago, I had brought 300 gms of heroin from my acquaintance. Out of which some of the heroin I had supplied to my customers and even now also I came for purpose of supplying the drugs at village kotli khurd of Dasuya and there you caught me. Now the heroin that I have with me in my Mahindra Thar car bearing no. PB07-CF-0921 was hide under the driver seat in blak polythene bag. That my aforementioned said car is parked on the side of the road in village Kotli khurd, and only I know about that. That I can get it recovered on my own." Consent memo was written. On the consent memo, the witness gave their testimony on it and aforementioned accused singed his signature. After which accused Arun kuma @ Laddu, according to the memo which was made by him had walked ahead of the police party and brought the police party to the above mentioned parked Mahindra Thar standing on the link road of village kotli khurd. On which before searching the above Mahindra Thar car, an attempt was made to make public witness in the police party but each person expressed their own compulsion. Upon which, I ASI and in presence of my fellow associate, asked accused Arun Kumar @ Laddu to open the lock of his Mahindra Thar car number PB07-CF-0921 with his own hand and opened the driver's side window to took out a black weighted polythene bag hidden under the seat and presented it with his hand. Upon opening it, heroin was recovered from it. That after weighing the recovered heroin through computer weight machine was 157 grams alongwith bag. After putting the recovered heroin in a separate plastic box and preparing the parcel, the parcel was sealed by I ASI with my stamp letter S.S. and preparing the parrel was prepared separately and after the use of stamp, was handed over to HC Rohit Mirihas No. 1280/HSP. That recovered 157 grams of heroin stamped with seal S.S. alongwith Mahindra Thar car number PB07-CF-0921 without documents was taken into custody by police through recovery memo. Accused Arun kumar@ Laddu S/o Bhola resident of ward no. 01 street No. 10 Sukhiyabaad police station Sadar Hoshiarpur has committed the offence U/s 21-B-61-85 of NDPS Act by keeping 157 gms of heroin in his possession. Therefore by writing the ruka in the aforementioned case has been sent to HC Sandeep Manhas No. 1092/HSP Dasuya District Hoshiarpur to register the same. After registering the case, number be intimated. I ASI and fellow employees were investigating the matter on the spot. SD/ Sushil Singh ASI CIA staff, Hoshiarpur dated 17/08/2024. "

3. On 20.09.2024, the following order was passed:-

"The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No. 178, dated 17.8.2024 at Police Station Dasuya, District Hoshiarpur, under Sections 21 (b), 61, 85 of Narcotic Drugs and Psychotropic Substances Act,