JUDGMENT :

Anoop Chitkara, J.

1. The petitioner under arrest for violating the provisions as mentioned above, as per the FIR captioned above, has come up before this Court under Section 439 CrPC seeking bail by filing the present petition.

2. As per para 13 of the petition, the petitioner declares the following criminal history:-

3. On 04.04.2024, when the matter was heard, petitioner's counsel made the following statement:-

"Petitioner's counsel prays for bail by imposing any stringent conditions and states that they would have no objection to the conditions i.e. declaration of assets by the petitioner and his spouse, and are also voluntarily agreeable to the condition that till the conclusion of the trial, the petitioner shall keep only one mobile number, which is mentioned in AADHAR card, if any, and within fifteen days undertakes to disconnect all other mobile numbers."

REASONING:

4. Facts of the case are being taken from the reply dated 04.04.2024, which reads as under:-

"3. That brief facts of the case are that on 20.07.2023 a police party headed by ASI Tarsem Singh of CIA Staff, Moga was present at Bahona Chowk, Moga in connection with patrolling and checking of suspected persons then special informer came there and informed that Kirandeep Kaur @ Kirna wife of Gurpreet Singh and Jasvir Kaur @ Jassi wife of Baljit Singh @ Mintu and Baljit Singh @ Mintu son of Kuldip Singh used to sell intoxicant tablets and heroin and in case raid is conducted then they can be apprehended red handed and from their possession huge guantity of heroin and intoxicant tablets can be recovered. On the basis of said information ASI Tarsem Singh sent ruga to the police station and got registered the present case.

4. That on receiving the information another police party headed by ASI Sukhwinder Singh reached at the spot and found that two ladies and one male person was already apprehended by the police party headed by ASI Tarsem Singh, as on seen the police party headed by ASI Tarsem Singh said accused had thrown their respective plastic polythenes on the ground. ASI Sukhwinder Singh enguired about the names then first lady disclosed her name as Kirandeep Kaur wife of Gurpreet Singh r/o Sadhan Wali Basti, Moga and second lady disclosed her name as Jasvir Kaur @ Jassi wife of Baljit Singh @ Mintu. On enguiry the third accused disclosed his name as Baljit Singh @ Mintu. Police party tried to join public witness, but none joined. ASI Sukhwinder Singh directed said accused persons to pick their respective polythenes, which were thrown by them on the ground. Then accused Kirandeep Kaur picked one polythene and produced the same before ASI Sukhwinder Singh. During checking of polythene 5 strips, each containing 10 tablets, total 50 tablets of Etizolam tablets JP 0.5 mg ETIEXA-0.50 were recovered. Apart from this a small polythene containing 5 grams of heroin was also recovered from it. Two separate parcels i.e. one of 5 strips of tablets ad another of heroin were prepared and same were sealed by ASI Sukhwinder Singh with his seal 55. Then accused Jasvir Kaur picked up the polythene, which was thrown by her and produced the same, during checking of it, 4 strips of Etizolam tablets JP 0.5 mg ETIEXA-0.50, each containing 10 tablets, total 40 tablets of were recovered. Parcel of recovered tablets was prepared and same was sealed by ASI Sukhwinder Singh with his seal 55. After that Baljit Singh @ Mintu produced the plastic polythene which was thrown by him on grou