JUDGMENT :

Sandeep Moudgil, J.

Prayer

This petition has been filed under Section 439 of the Cr.P.C. read with Section 483 of the BNSS, 2023 seeking the concession of regular bail for the petitioner in FIR No.21 dated 07.02.2024 under Section 22(C) of The Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Kotwali, District Bathinda.

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

'Copy of Ruqa, "SHO Police Station Kotwali, Bathinda today I, SI alongwith C Harinder Singh 1155, C Gurmej Singh 952, CC Lakhwinder Singh 2211, CC Swaranjeet Singh 626 were travelling on a government vehicle Scorpio bearing No. PB65BF7691 which was being driven by PHG Kulwant Singh 33280 for the purpose of patrolling and checking the suspected persons, suspected vehicles and were going from Railway Station Bathinda to Mall Godown Road. At about 10:50 PM when the police party was about 15-20 karam ahead of Police Station Bathinda, then in the light of the vehicle, two persons were seen standing in a suspected condition nearby the gate of Mall Godown and out of them, one person was holding a transparent polythene in his hand and the second person was seeing something in the said polythene and while seeing the light of the vehicle, both the persons got perplexed and tried to hide the polythene behind them and then I, SI on the basis of suspicion got stopped the vehicle and with the help of the colleague employees, overpowered both the above said persons alongwith the transparent polythene bag, from which the intoxicating bottles wereclearly visible. In order to join the independent witness on the spot, the passers by were stopped but since it was an odd time and was a winter season, everybody shown their helplessness and due to which the private witnesses were not got joined and then I, ASI got enquired the name and address from the overpowered persons and the person who was holding the polythene in his hand disclose his name as Manoj Kumar S/o Partap Singh R/o 103-D/25, Near Old Sabji Mandi, Main Bazar Bahadurgarh, District Jhajjar Haryana and the second person disclose his name as Vikramjit Singh @Vicky S/o Inderjit Singh R/o H. No. 13133 Street No. 8/5 Prajapat Colony, Namdev Road Bathinda. On the opening of the transparent polythene bag recovered from their possession, the bottles were clearly visible. On my checking, total 25 intoxicating bottles were recovered from the said polythene bearing ONEREX each weighing 100 ML, plastic and all the recovered bottles were bearing LIC No.-MNB/09/742, Batch No. ONCS-1911, MFG Date Feb-2023, EX-PARTE Date Jan 2025, MRP-150-00/RS is written. The accused person Manoj Kumar and Vicky could not produced any bill or permit at the spot for keeping in possession of the said intoxicating bottles and then I, SI had put the recover 25 intoxicating bottles in the same polythene and prepared separate bundle. The above said bundle of the intoxicating bottles were sealed by me bearing my words KS and the sample seal was prepared separately and the seal after use was handed over to CC Harinder Singh 1155. Thereafter, the recovered bundle of the intoxicating tablets alongwith the samples seals were taken into police possession vide separate memo. The signature of the witnesses were taken on the memo. In this manner, the accused Manoj Kumar and Vikramjit Singh @ Vicky had committed an offence U/s 22 (C)/61/85 NDPS, Act for keeping in the possession of 25 intoxicating bottles without any bill or license and thereby, the ruqa is hereby sent for the registration of the case against the above said Manoj Kumar and Vikramjit Singh @ Vicky through CC Swaranjeet Singh 626 to the Police Station Kotwali, Bathinda. The case be got registered and the case number be informed. The special reports be issued and the concerned officers informed on DCR. I, SI alongwith colleague employees are busy in the investigation at the spot. SD/ SI, Karamjit Singh 842 / Bathinda, CI B