JUDGMENT :

Sandeep Moudgil, J.

Prayer

This petition has been filed under Section 483 of the BNSS, 2023 seeking the concession of regular bail for the petitioner in FIR No.84 dated 18.07.2023 under Sections 21-A of The Narcotic Drugs and Psychotropic Substances Act, 1985 (Section 21(B), (C), 29, 61 and 85 added later on) registered at Police Station Fatehgarh Sahib, District Fategarh Sahib.

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

'Copy of Memo, "SHO Sahib, PS Fatehgarh Sahib Jai Hind, Today I SI Satwinder Singh No:86/FGS along with ASI Baljit Singh 68/FGS, SI Kiranveer Singh 29/TE and Constable Ajay Kumar 26/FGS including laptop printer on a government vehicle bearing registration No.PB-65-BC-1525 whose driver was CC Swaran Singh 370/FGS were present at Madrasi Colony Sirhind Mandi in connection with the search for the suspect and the suspect. It will be at around 07:00 PM a secret informer came to SI Satwinder Singh No.86/FGS and informed that Anuj Bata son of Lakhvir Chand resident of village Dangeria Police Station Badali Ala Singh Presently resident of Mata Gujri Colony near Saji Kariana Store back side Gurudwara Jyoti Sarup Sahib, who is indulged in the business of selling Chitta (Heroin), who at this time is walking around the slums at Defenseban Sirhind Mandi making and selling Chitta (Heroin) Bitta, who is fair in colour and of medium height wearing a white weed T-shirt. He is also having a blue and black colour backpack and if a raid is conducted now at Defenseban Sirhind Mandi, he can be apprehended red-handed with Heroin. Finding the information confirmed and reliable, SI Satwinder Singh No:86/FGS sent the report No.42 under the NDPS Act to the service of senior officers. Thereafter, SI Satwinder Singh No:86/FGS along with fellow employees reached Defenseban Sirhind Mandi and searched for Anuj Batta, then a clean-shaven person was seen walking on foot from Chungi No.04 side road towards the slum. On seeing the vehicle of the police party coming from the front, he immediately turned back in panic, who is having black and blue colour backpack. When he got suspicious, S Satwinder Singh No:86/FGS stopped him by raising his voice and he stopped the vehicle with the help of fellow employees and asked him for his name and address. On asking, he disclosed his name as Anuj Bata son of Lakhvir Chand, resident of village Dangeria Police Station, Badali Ala Singh District, Fatehgarh Sahib presently resident of Mata Gujri Colony, near Saji Grocery Store, back side Gurudwara Jyoti Sarup Sahib. To whom SI Satwinder Singh No:86/FGS informed his name, position and posting and said that I suspect there is a drug substance in your backpack black blue colour. Your backpack is to be searched. But you have a legal right that you can get your backpack searched before a gazetted officer or a magistrate, to whom you can be taken and presented with your backpack or they can be called at the spot. Thereafter, he understanding the said fact and aware of his authority, replied that I do not want to call any gazetted officer or magistrate sir. I trust you. Only you can search my backpack. On which SI Satwinder Singh No:86/FGS prepared a notice of the said Anuj Batta under Section 50 of the NDPS Act (Consent Memo) and Anuj Batta aforesaid signed the same in English language and ASI Baljit Singh 68/FGS and CC Swaran Singh 370/FGS also signed the said memo, which was verified by SI Satwinder Singh No:86/FGS. Thereafter, SI Satwinder Singh No:86/FGS informed Anuj Batta that you can search me and the police party and the police vehicle before getting your backpack searched. Who said, "You are a police officer, I trust you, but I do not want to search you and the police party and the police vehicle, you can search my backpack". On which the consent statement of Anuj Bata aforesaid was recorded, which was signed by him in English language and ASI Baljit Singh 68/FGS and CC Swaran Singh 370/FGS also appe