JUDGMENT :

Sandeep Moudgil, J.

Prayer

This petition has been filed under Section 483 of BNSS for releasing the petitioner on bail in a case FIR No 6 dated 23.02.2024 U/s 21(b), 27-A,29 of NDPS and section 25-27 of Arms act registered at Police Station Tibber Distt Gurdaspur.

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

'To, SHO PS Tibber Sir today I ASI along with ASI Mahinderpal 1222, ASI Gurnam singh 1294, ASI Jodh Singh 338, HC Edwin Masih 816, phc Dharam Singh 584 along with Laptop, printer, investigating kit were present at Ajala byepass for the purpose of petrolling and searching the bed elements then one Maruti car 800 bearing number PB06E5788 color white in which four persons were there, they were going to Babri byepass to Pathankot side and who on seen the police party suddenly turned and the person sitting on driver seat open the driver gate and try to throw a plastic envolap, he was apprehanded along with other persons by I ASI with the help of my person and I ASI after disclosing my identity regarding rank and posting, asked their name and address one by one, upon that the person who was holding plastic envolap in his right hand disclosed his name as Navjot Singh son of Balbir Singh resident of Bhagowal PS Qila Lal Singh Distt Gurdaspur, the driver of the car told his name as Sukhjinder Singh alias Chotu son of Gulzar Singh resident of Kaler Kalan PS Sekhwan Distt Gurdaspur, the person sitting on the left side of back seat of the car told his name as Jaspreet Singh alias Jass resident of Bhagowal ps Qila Lal Singh Distt Gurdasour and the person sitting right side of the back seat of car told his name as Sarwan Singh son of Narinder Singh resident of Kaler Kalan PS Sekhwan Distt Gurdaspur. Before checking the plastic envolap which Navjot Singh was holding in his right hand 4/5 person from the public were tried to join with the police party by I ASI but no body was willing to join by showing their compulsion. Upon that I ASI in the presence of my persons checked the envolap and heroin was recovered. ASI told to the aforesaid persons that there was a suspicion of having narcotic substance in their possession, they have legal right that they can get your search before any Magistrate oe Gazetted officer and he can called them at spot, they told that whatever heroin they had you have already recovered apart that they had no other narcotic substance, they have full faith upon you, you can get the search of them and their car, upon that consent memo was prepared in which the witnessess put their witness and the accused Navjot Singh, Sukhjinder Singh alias Chotu, Jaspreet Singh alias Jass and Sarwan Singh aforesaid put their signature Thereafter I ASI conducted the search of accused Navjot Singh, Sukhjinder Singh alias Chotu, Jaspreet Singh alias Jass and Sarwan Singh one by one as per rules but no narcotic was recovered from anyone. One computer weighing machine was recovered Jaspreet Singh alias Jass r/o Bhagowal PS Qila Lal Singh Distt Gurdaspur from the right pockit of his trouser during the search, the same was taken into police possession vide separate recovery memo, the Maruti car bearing no PB06E5788 was taken into police possession, the search of the car was conducted and one DOUBLE BARREL GUN bearing number 38383-05 along with 15 live cartigage was recovered, I was weight the heroin on computer weighing machine the same comes 70 gm along with polythine, the same was put in a plastic box and parcel was prepared and the same was taken into police possession vide separate recovery memo and I put me seal as bs, sample seal was prepared and the seal after use was handed over to ASI Mahinderpal Singh 1222, accused Navjot Singh, Sukhjinder Singh alias Chotu, Jaspreet Singh alias Jass and Sarwan Singh by keeping 70 gm heroin along with DOUBLE BARREL GUN number 38383 -05 along with 15 live cartigae have committed an offence under section 21(b) -61-85 of NDPS Act and 25-2754-59