JUDGMENT :

Anoop Chitkara, J.

1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 439 CrPC, 1973, seeking regular bail.

2. As per para 22 of the bail application, the petitioner is not involved in any other case, however, as per custody certificate dated 01.09.2024, the accused has the following criminal antecedents:

3. The facts and allegations are taken from the reply filed by the State. On 14th June 2023, based on a chance recovery, the Police seized 38 vials and 250 tablets from the possession of Shavinderpal Singh, the pillion rider of the bike which the petitioner Birbal was driving. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973.

4. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973.

5. The petitioner's counsel made the following submission:

- That on 14.06.2023, the police party was on their patrolling duty at bus stand Chotiyan and at around 5.50 P.M, they receive secret information that the petitioner along with other co-accused are in habit of selling narcotic medicines and syrup bottles. Toady also they are going to sell some narcotic substances and if nakka is made at Railway Bridge, Chudal, they can be apprehended with the narcotic substances. A Ruqa was prepared u/s 22/61/85 of NDPS Act.

That it is relevant to mention that during the blockade (Nakabandi), a motorcycle bearing registration no. PB-13- AF-2368 of make Hero Honda Splender Plus was coming from the Jakhal side as per the information received and Inspector PW-1 gave them the signal to stop and on seeing the police party hey tried to flee away but was nabbed by the PW-1 with the help of other police officials. On making enquiry, the petitioner and the co-accused disclosed their identities and they were carrying a black backpack and on being searched allegedly had 38 vials of Onerex Cough Syrup and 25 strips of Carisoprodol.

- That on 15.06.2023, the petitioner and the co-accused were produced before JMIC, Moonak and the samples of the seized substances were drawn for the chemical analysis.

- That on 22.06.2023, the samples drawn for the chemical analysis were submitted in the FSL, Mohali.

- That on 23.10.2024, the FSL report was obtained from the FSL, Mohali

- That on 17.11.2023, the report u/s 173(2) of Cr.PC was presented in the court and as many as 15 witnesses has been cited in the Report and only one PW-1 has been examined till date.

- That on 13.03.2024, the bail application u/s 439 Cr.P.C was filed before the Learned Special Court, Sangrur and the same was dismissed without taking into the merits of the case.

6. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

7. The State's counsel opposes bail and refers to para 11 of the reply which reads as under:

"ANTECEDENTS OF THE PETITIONER

BIRBAL SINGH BITTU

Perusal of record revealed that except the present FIR, nootherFIR is found to have been registered against the petitioner.

A. THE ROLE OF THE PETITIONER.

The present FIR was registered against accused/petitioner namely Birbal Singh @ Bittu and his co-accused Shavinderpal on the basis of secret information received by ASI Satpal Singh Police Post, Chottian. Further investigation was carried out by SI Harminder Singh, who apprehended accused Shavinderpal and Birbal Singh @ Bittu and 38 intoxicant vials marka ONREX 100/100 ML having batch no. ONCS 1972 MFG DATE APR 2023 Expiry date Mar 2025 and 25 strips each containing 10/10 tablets total 250 intoxicant tablets markaCarisoprodol tablets IP Carisoma Tablets having batch no. CAR005C Mfg. Date Dec 2022 Exp. Date Nov. 2025