JUDGMENT :

Sandeep Moudgil, J. (Oral) - Prayer

This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No. 035, dated 01.05.2024, under Sections 21C/61/85 of NDPS Act, 1985 registered at Police Station Ladowal, District Ludhiana.

2. Facts

The facts as narrated in the FIR reads as under:-

'To SHO, PS Ladhuwal, Ludhiana. Jai Hind. Today, I, ASI alongwith ASI Darshan Singh No. 1448/Ludh., ASI Balwant Singh 2736/Ludh., Ct. Pawan Kumar 3374/Ludh., L/HC Reena Devi 197/ Ludh., S/Ct Inderjeet Singh No. 1743/Ludh. alongwith Pvt. Laptop & printer on Govt. vehicle no. PB-08-DS-4490 whose driver was ASI Inder Singh No. 1473/Ludh were in a Nakabandi for checking suspicious & bad elements of the society near G.T. road toll plaza underneath the flyover on Ladhuwal Ludhiana Road, when we saw a hindu boy & one girl who were on foot, were coming from Phillaur side and were going towards Ludhiana side. On seeking the police party, they got scared and immediately turned around when the said boy grabbed a small black polythene bag from the pocket of his pant & threw it on his right side on the ground and the girl accompanying him threw lady purse which she was carrying to her left side on the ground. Both of them were apprehended with the help of fellow police officials and on asking, the boy identified himself as Dharamjeet Kumar S/o Lt. Teli Ram, R/o house no. 145, Gali No. 3, Piru Banda, PS Salem Tabri, Ludhiana and when the girl was inquired by L/HC Reena Devi 197/Ludh, she identified herself as Amandeep Kaur w/o Sunny Gill, R/o Ato Waali Nahar, Gurain, Jalandhar. I, further asked them about the contents of black polythene and lady purse which was thrown by them, when both of them got nervous and told me that they both contained heroin. After this, 1, told them to pick up and open the said black polythene and the lady purse and heroin was present in both. Said heroin was transferred to evidence bag which was subsequently weighed on a digital weighing scale and the heroin recovered from Dharamjeet Kumar came out to be 260 stam and the same recovered from Amandeep Kaur which she was carying in her lady purse was 100 gram. The same was put by me in dence bags in a plastic container for purpose of evidence & was signed by affixing my seal as "J.S.". Afterwards it was handed over to ASI Darshan Singh 1448/Ludh. The said heroin was seized and kept for evidence vide separate recovery memo. Recovery memo's were also signed by the witnesses. A sample of the same was prepared separately. Dharamjeet Kumar & Amandeep Kaur have prima facie committed offence U/s 21C-61-85 NDPS Act as they were in illegal possession of heroin. A Ruga against the abovementioned accused was sent after it was typed by S/ Ct. Inderjeet Singh 1743/Ludh. in a private computer and the same was printed and sent by hand through Ct Pawan Kumar 3347/Ludh. to the PS and an information prepared U/s 42 NDPS Act is also being sent to the Senior Officials for their perusal. A case be registered against the abovesaid accused. Special reports be prepared accordingly. I, ASI alongwith other police officials busy at spot, in carrying out further investigation. Verified Jaswinder Singh ASl/ 1550, Crime Branch-3, Distt. Ludhiana, dated 01.05.2024 near Toll Plaza, below the flyover on Ladowal Ludhiana Road. At 09.05 pm, a Ruga was sent to the police station and a case was registered against the abovementioned sections. Original Ruga alongwith copy of FIR is being sent to the investigation spot through Ct Arvinda Nijd. Special reports have been prepared and are being sent to the Illaga Magistrate and other senior officials for their effective perusal vide ASI Gurmukh Singh 2185/Ludh. Control Room was informed accordingly.'

3. Contentions:

On behalf of the petitioner

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on account of party fraction. He further submits that the present case is a case of chance r