JUDGMENT :

Sandeep Moudgil, J. (Oral) 

1. Relief Sought

The jurisdiction of this Court under Section 483 BNSS, has been invoked for grant of regular bail to the petitioner in case FIR No. 10, dated 04.02.2024, under Sections 15 of NDPS Act, 1959 (Section 29 of NDPS Act added later on), registered at Police Station Julkan, District Patiala.

2. Facts

Facts as narrated in the FIR reads as under:-

"At this time one ruqa written by ASI Sukhdev Singh 170/Ptl. was received in the police station by hand through CT Surinder Puri 1864/Ptl for registration of case under section 15/61/85 NDPS Act against Lakhwinder Singh Hira son of Kashmir Singh, resident of Dera village Khatouli, Police Station Julkan, Sarabjit Singh @ Chhabi son of Mahinder Singh, resident of village Rampur Pipria, Tehsil Bahadurpur Mangoli, Ashok Nagar, Madhya Pradesh. The contents of the same are as under:- To the SHO, Police Station Julkan, Fateh! Today, I, ASI along with ASI Nishan Singh 1231/ Ptl, SC Gurpartap Singh 86 / Ptl. Ct. Surinder Puri 1864/Ptl. PHG Pawan Kumar 30269, PHG Agnrez Singh 18156 and PHG Bhajan Singh 29958 with laptop, printer were riding Govt. vehicle bearing registration No.PB-11-CF-3825 being driven by PHG Gurnam Singh 30224 and were present at Nadi Banna, village Dudhan Gujjran in connection with patrolling and in search of suspicious persons and were checking the vehicle passing through. At about 04.00 PM, one car make S-Cross, colour grey was seen coming from the side of village Dudhan Gujjran. I, ASI made signal to the occupants of the car to stop the car. On seeing the police party in front, the driver of car tried to turn back the car and speed away then the car stopped. I, ASI along with companions apprehended the car along with occupants. On boot of the car were weighed which came to be 26 kgs. each, total 52 kgs. of poppy husk. Both the plastic bags were marked serial No.1 and 2 and converted into parcel. I, ASI sealed both the plastic bags with my seal bearing letters SS. Sample seal was prepared separately. After use, seal was handed over to ASI Nishan Singh 1231/ptl. Both the parcels of plastic bags along with sample seal was taken into police possession through separate recovery memo. Witnesses signed the memo. Above mentioned Sarabjit Singh @ Chabbi and Lakhwinder Singh @ Hira have committed offence under section 15/61/85 ND&PS Act by keeping 52 kgs. of poppy husk in their possession. Therefore, the statement for registration of case under said section against above mentioned Sarabjit Singh @ Chabbi and Lakhwinder Singh @ Hira is being sent to the police station by hand through Ct. Surinder Puri 1864/Ptl. After registration of case I may be intimated case number. Senior officers and control room, Patiala be informed. Special reports be issued. I, ASI along with companions am busy in investigation at the spot. Sd/- Sukhdev Singh,'

3. Contentions:

On behalf of the petitioner

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case as the land of petitioner Lakhwinder Singh and MHC Sukhdev Singh of PP Rohar Jagir is situated in village Khatauli near to each other and there remains dispute between the petitioner family and police official MHC Sukhdev Singh with regard to common path. He further submits that no recovery of whatsoever has been effected from the conscious possession of the petitioner. The attention of this Court has been drawn to an order dated 21.02.2025 (Annexure P-4) passed in CRM-M-8796-2025 vide which similarly situated co-accused namely lakhwinder Singh @ Hira has already been granted the concession of regular bail.

On behalf of the State

Learned State counsel has filed the custody certificate of the petitioner, which is taken on record. He prays for dismissal of the present petition stating that recovery of contraband i.e., 52 kg poppy husk was recovered in the present case, which is commercial in nature therefore, he does not deserve the concession of bail. Additionall