JUDGMENT :

Kirti Singh, J.

CRM-37209-2024

1. This is an application for placing on record amended head note and amended prayer clause in the main petition as Annexure A-l.

2. Heard. For the reasons mentioned in the application, the same is allowed and Annexure A-l is taken on record subject to all just exceptions.

CRM-M-40569-2024

The jurisdiction of this Court under Section 483 of BNSS has been invoked for grant of regular bail to the petitioner in case FIR No.125 dated 26.06.2024, under Sections 22 of NDPS Act (Section 29 of NDPS Act added later on), registered at Police Station Sultanpur Lodhi, District Kapurthala.

2. Learned counsel for the petitioner submits that petitioner is a diploma holder in agriculture (Plant Protection and Pesticide Management) and completed his diploma course from the Lovely Professional University, Jalandhar. He further submits that on 24.06.2024 at around 5:30 to 6:00 PM petitioner after inspecting a field of paddy was returning from the fields in his Maruti S-presso Car bearing No.PB-41-D-8567, the road was narrow and a police vehicle was behind his car and when he reached to a wide road then the petitioner gave side to the police vehicle in order to enable it to pass. The police officials became annoyed as petitioner did not gave them passage to pass and took possession of mobile phone and vehicle of the petitioner, and he was taken to Mothawal Police Chowki, thereafter to the Police Station Sultanpur Lodhi.

3. It is further submitted that on 24.06.2024, the parents of the petitioner were constantly trying to contact the petitioner, however as he was in illegal confinement/custody and the mobile phone was in possession of the police officials the same was not answered. On 26.06.2024, the police officials lodged the abovestated FIR and the petitioner was officially taken into custody. The story put up by the police is false and concocted and same stands corroborated from the incoming calls which were never answered and location of the mobile phone.

4. The translated contents of the FIR are produced here under:

"SHO Sultanpur Lodhi, Jai Hind, Today, alongwith ASI Harbhajan Singh No.l386/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 S-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 aa 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 an