JUDGMENT :

Sandeep Moudgil, J. (Oral)

1. Relief sought

The jurisdiction of this Court has been invoked under Section 483 of The Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No. 40 Dated 07.04.2024, (Annexure P-1) under Section 22/61 of the NDPS Act (Sections 25 and 29 of NDPS Act added later on), registered at P.S. Sri Anandpur Sahib, District Rupnagar.

2. Prosecution story setup in the present case as per the version in the FIR as under:-

"Copy of ruga, Jai Hind, Today, I, ASI alongwith ASI Raj Kumar 901/R, C. Sandeep Kumar 582/R, P.H.G. Parmod Kumar through a Government vehicle No.PB-65BF-2068, whose driver C.Raj Kumar 192/R, in connection with patrolling and checking of suspicious persons, while doing towards the Bhakra Canal Patri Ganguwal to Bikarpur side, while conducting the nakabandi and started checking of the vehicles, near the gate of Patri, thenthe time would be about 7.10 pm. During checking a car bearing NO.PB-12-s-0301, colour white came from Bikapur side, then they tried to turn back the car after seeing the police party, due to no space to turn the car, then I ASI with the help - of fellow officials, apprehended the four persons from the car and enquired their names and address. The driver of the car disclosed his name as Maninderjit Singh alias Manu son of Dalbir Singh resident of Power Colony, H.No.03 Type-II, Sri Anandpur Sahib, the person who was sitting on the conductor seat of the car disclosed his name as Kirandeep alias Kinnu son of Sukhwinder Singh, resident of Village Mangewal, the boy who was sitting on the rear seat, disclosed his name as Davinder Singh son of Gurdeep Singh, resident of Shampura, New Colony, Rupnagar and more person sitting on the rear seat tried to escape after opening the door of the car, who fall on the road while he was running, he was apprehended while fell.* down, he was got injury on his head, he disclosed his name as Jaswinder Singh alias Jass son of Surinder Singh, resident of Village Dher. Then I, ASI checked the above said car, and on checking, a polythene lying near the lever of the car was found, it seems containing some intoxicant powder inside. On enquiry from the said person, but they failed to give any satisfactory reply. Upon which, Maninderjit Singh alias Monu, Kirandeep Singh alias Kinnu, Davinder Singh and Jaswinder Singh alias Jass above said, by keeping intoxicant powder in inside car, have committed offence under Section 22/61/85 NDPS Act, so the ruga is being sent for registration of FIR under Section 22/61/85 NDPS Act against the above said persons, through HC Sandeep Kumar 582/R to the police Station. In this regard, information was given on telephone to the SHO of the police Station to send the competent officer to reach on the spot. After registration of FIR, case number be intimated. Information should be given to higher officer and control room Rupnagar through wireless."

3. Contentions

On behalf of the petitioner

Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case as nothing has been recovered from his conscious possession. He further contends that the alleged contraband i.e. 255 grams of intoxicant powder was recovered from the dash board of the alleged vehicle, wherein the petitioner was sitting on the rear seat and the said contraband is marginally over and above the commercial quantity. It has been further contended that co-accused namely Maninderjit Singh @ Maninderjeet Singh @ Mannu has already been granted the concession of regular bail by this Court vide order dated 23.04.2025 (Annexure P-3) passed in CRM-M-15688-2025. It has been contended on behalf of the petitioner that the petitioner is not a habitual offender as he is not involved in any other case.

On behalf of the State

On the other hand, learned State counsel has produced the custody certificate of the petitioner today in Court, which is taken on record. He seeks dismissal of the inst