JUDGMENT :

Sandeep Moudgil, J.

Prayer

The jurisdiction of this Court under Section 483 BNSS, has been invoked for grant of regular bail to the petitioner in case FIR No. 23, dated 20.03.2024, under Sections 15, 18 of NDPS Act, 1985 registered at Police Station Maloud, Ludhiana, District Khanna (Annexure P-1).

2. Facts

Facts as narrated in the FIR reads as under:-

"To, the Station House Officer, Police Station, Malaud, Jai Hind. Today on 20.3.2024, myself SI alongwith ASI Raj Mohammad 848/Khanna, ASI Taranjit Singh 501/Khanna, Havildar Amarjit Singh 726/Khanna, Constable Rajvir Singh 499/Khanna by taking LaptopPrinter with them and by travelling in Government Vehicle No. PB-65-BF-6903 Make Scorpio driven by Havildar Harvir Singh 297/Khanna were present near Siphon (Beed) in the area of Village Sihora in connection with the checking and searching of the suspicious persons and bad elements and were conducting the checking of the vehicles coming from Canal Bridge Bhandewal. At about 5.30 A.M one Truck came from the side of Canal Bridge, Bhandewal Make Bharat Vannes 12 Chaki bearing No. PB-10ES-5158 which was stopped at the Check Post by myself ASI with the help of my companion employees on the basis of suspicion by giving torch signal and the name of the driver was enquired by alighting him down from the truck who told his name as Nirbhay Singh son of Ajaib Singh, resident of Village Madnipur, Police Station Malaud, Tehsil Payal, District Ludhiana and the Conductor sitting on one side told his name as Balrup Singh son of Sukhdev Singh, resident of Village Madnipur, Police Station Malaud, Tehsil Payal, District Ludhiana. Thereafter, myself SI got served a notice under Section 50 NDPS Act upon them informing the above mentioned Nirbhay Singh and Balrup Singh about their legal rights to the effect that "Myself Jaswinder Singh 199.J has been posted at R.C.I.A Staff Khanna. I am in full uniform bearing the name plate of my name. I am having suspicion that there is some illegal article or narcotic drugs with you and in your Truck No. PB- 10ES-5158. Therefore it is necessary to conduct your search as well as the search of your Truck. But you are having legal right that if you want to get your search as well as the search of your Truck No. PB-10ES-5158 conducted in the presence of any Magistrate or any Gazetted Officer, then he can be called at the spot or you and your truck can be taken and produced before him. Upon which Nirbhay Singh and Balrup Singh after thinking some time said that "We want to get our search as well as the search of Truck No. PB-10ES-5158 in our possession conducted from some Gazetted Officer Thereafter myself SI separately recorded the dissented Memos of Nirbhay Singh and Balrup Singh which were signed by Nirbhay Singh and Balrup Singh. ASI Raj Mohammad 848/Khanna and ASI Taranjit Singh 501/Khanna appended their signatures as witnesses. Thereafter myself SI made a phone call from my Mobile No. 978001129 at about 6.45 AM to Shri Nikhal Garg PPS/DSP, Payal on his Mobile No. 98053-45728 and he was informed about the position and requested him to come present at the spot. After some time Shri Nikhal Garg, PPS/DSP Payal alongwith his staff came present at the spot by travelling on Bolero vehicle bearing No. PB10FV0468 who by introducing himself to Nirbhay Singh and Balrup Singh told them that myself is Nikhal Garg, PPS and is posted as DSP at District Police, Sub Division, Payal and I am a Gazetted Officer of Police Department. I am in uniform which is bearing the name plate of my name. I have been informed by SI Jaswinder Singh 199/J RCA Staff Khanna that there is some illegal article or narcotic drugs with you and in your Truck No. PB-10ES-5158 in your possession Therefore it is necessary to conduct your search as well as the search of Truck No. PB- 10ES-5158 in your possession. According to Section 50 of the NDPS Act, you are having a right that you can get your search as well as the search of your above Truck conducted in