JUDGMENT :

Anoop Chitkara, J.

1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.

2. Vide order dated 27.12.2024, interim protection was granted to the petitioner and the said order is continuing till date.

3. Per paragraph 9 of the bail application, the accused has the following criminal antecedents:

4. The facts and allegations are being taken from translated version of FIR, which reads as follows:

'To the SHO Police Station City Hisar. Jai Hind. On 02.01.2024, I, SI Sher Singh 1/FTB HSNCB Unit BWN, along with a laptop, printer, my team, HC Vikrant (No. 218/Hisar), Constable Narender (No. 2666/Gurugram), and vehicle HR 05 GV 1692 driven by Constable Surender (No. 5/505), was present in the jurisdiction of Police Station City Hisar, near the government hospital for patrolling and crime prevention. At that time, a secret informer met me and gave and information that a person named Manoj alias Modi, traveling in a Honda City car bearing registration number HR20-AC-0069, was carrying narcotic substance heroin for sale. The informant further stated that Manoj alias Modi was coming from Sector 33, Hisar, towards Sarvesh Hospital, Hisar. The informant assured that if a raid was conducted immediately, Manoj alias Modi could be apprehended with the heroin. Finding the information credible, I prepared a notice under Section 42 of the NDPS Act and had it entered into the daily diary report. The notice was sent to the higher authorities through Constable Surender. I briefed my team about the information and proceeded to Sarvesh Hospital, Hisar, near Cyber Police Station. There, I saw a coffee-colored Honda City car, HR-20-AC-0069, approaching. The car was stopped, and the driver was asked to step out. Upon inquiry, he identified himself as Manoj Kumar alias Modi, son of Surajbhan, resident of House No. 208, near Senior Secondary School, Patel Nagar Camp, Hisar. I informed him of the notice under Section 50 of the NDPS Act, stating that I had reasons to believe that he was in possession of a narcotic substance and that a search of his person and vehicle was required. I explained his legal rights to have the search conducted in the presence of a Gazetted Officer or Magistrate, who could be summoned to the spot or before whom he could be presented for the search. A notice was prepared, and both the witnesses and the accused signed it. The accused gave a written reply stating that he wished to have his search conducted in the presence of a Gazetted Officer and signed below his response. I contacted Civil Gazetted Officer Shri Sukhjinder Singh, DDA DETC (ST), Hisar, on his mobile number 94160xxxxx from my mobile number 94667xxxxx, briefed him about the situation, and informed him of the location. At 8:00 PM, Shri Sukhjinder Singh, DDA, arrived at the spot and was briefed about the situation. Following the protocol, Shri Sukhjinder Singh first conducted my personal search, during which no narcotic or objectionable substance was found. A formal record of this search was prepared. Shri Sukhjinder Singh then directed me to conduct a personal search of the accused, Manoj alias Modi. Given the movement of people at the spot, passers by were informed about the situation and requested to act as witnesses. However, all of them cites their own personal reasons due to which they could not be arrayed as witnesses and they went away from the spot. Following Shri Sukhjinder Singh's directions. I conducted a lawful search of the accused in his presence. During the search, a white plastic pouch was recovered from the right pocket of the lower garment worn by the accused. Upon opening the pouch, it was found to contain a substance suspected to be heroin.