JUDGMENT :

Sandeep Moudgil, J. (Oral) 

Relief Sought

1. The jurisdiction of this Court has been invoked under Section 439 Cr.P.C seeking the concession of grant of regular bail for the petitioner in FIR No.129 dated 10.09.2023 under Sections 21 & 29 of NDPS Act registered at P.S City 1, Malerkotla, District Malerkotla.

2. The Prosecution story set up in the present case as per the version narrated in the instant FIR reads as under :-

" Copy of ruqa, SHO, Police Station City I Malerkotla. Jai Hind. Today, I SI alongwith ASI Harjit Singh 496/Sang, HC Daljit Singh 290/BR, HC Manpreet Singh 385/Sang, SC Swaranjit Singh 1719/Sang, CT Lovepreet Singh 2323/Sang were patrolling in government vehicle Bolero bearing no. PB-65- BA-8115 and checking suspicious and vehicle and the car was driven by SC Nirbhai Singh 990/Sang alongwith laptop and printer, inverter etc. and were present near Jarg Chowk under the bridge at Malerkotla and thereafter, at near about 3 p.m. one secret informer came before me and gave the information that Iftikhar @ Raja Kasai son of Zulfikar, resident of Mohalla Hajan Wala, Malerkotla, Deepak Kumar @Veeru son of Harbans Lal, resident of Ravidas Nagar, Malerkotla and Mohammad Shamshad @ Ghudha son of Mohammad Bashir, resident of Mohalla Jhulaiya Wala, Qila Rehmatgarh, Malerkotla who are doing the work of selling chitta/heroin after bringing the same from outside and today also Iftikhar @ Raja, Deepak Kumar @ Veeru and Mohammad Shamshad @ Ghudha alongwith chitta/heroin are sitting in the house of Iftikhar @ Raja Kasai at Mohalla Hajan Wala, Malerkotla near Jarg Chowk Malerkotia and waiting for some customer and they after selling the chitta/heroin distribute the money among themselves, Iftikhar @ Raja is aged about 28 years healthy body Mulla fashion and he is wearing black colour T-shirt, Deepak Kumar @ Veeru is aged about 28 years, thin and fast body Mulla fashion and wearing blue colour T-shirt and Lower, whereas Mohammad Shamshad @ Ghudha is aged about 33 years, thin body Mulla fashion and wearing grey colour T-shirt. In case now the raid is conducted at the house of Iftikhar @ Raja Kasai located at Mohalla Hajan Wala, Malerkotla then the abovesaid can be overpowered alongwith heavy quantity of chitta/heroin and with money which has been earned after selling chitta/heroin. Information is reliable and trustworthy. Therefore, I SI introduced the secret informer to the police officials and thereafter, conducted the raid on the basis of information at the house of Iftikhar @ Raja Kasai at Mohalla Hajan Wala, Malerkotla near Jare Chowk, Malerkotla and the time was nea about 3.30 p.m and thereafter, as disclosed by secret informer we entered into the house disclosed by him and after entering the house in the room which is located on the left side 3 persons were seen sitting on the bed and searing something with their hands from the white colour plastic polythene bag and they after seeing the police party got scared and left the plastic bag on the bed and tried to fled away from the spot and thereafter, I, SI alongwith police officials overpowered the abovesaid persons and asked their name and thereafter, the healthy person disclosed his name as Iftikhar @ Raja Kasai son of Zulfakar resident of Mohalla Hajan Wala near Jarg Bye-pass, Malerkotla and the thin person disclosed his name as Deepak Kumar @ Veeru son of Harbans Lal, resident of Ravi Dass, Nagar, near Chhoti Eidgah Malerkotla and the third person disclosed his name as Mohammad Shamshad @ Ghudha son of Mohammad Bashir, resident of Mohalla Jhuliyan Wala, Qila Rehmatgarh, Malerkotla. Thereafter, I, SI picked the two plastic white colour polythene bag from the bed which has been left by the abovesaid persons and checked the same and from the one plastic polythene bag some off white article/substance was seen and thereafter, I checked the same by smelling it and thereafter, chitta/heroin was recovered from the same. Thereafter, I SI tried to join the private witness in t