JUDGMENT

Sharad Kumar Sharma, J. - This bail application under Section 439 Cr.P.C., has been preferred by the applicant, seeking his release on bail, for his alleged involvement in commission of an offence under Section 8/22/60 of Narcotics Drugs & Psychotropic Substances, Act (hereinafter referred to as the NDPS Act) which was registered against him by way of Case Crime No.787 of 2019 at P.S. Kotwali, Roorkee, District Haridwar on 15.12.2019. This judgment has to be not only a simplicitor consideration of bail application; but, would also be, dealing with the authorities, which had been relied by the counsel for the applicant for substantiating, his case for consideration of the bail application and his consequential release.

2. The precise facts which engages consideration in the present bail application, though which is partially pleaded in the bail application initially and partially later on, developed by way of a supplementary affidavits dated 02.11.2020 and 22.03.2021, but for the purpose, they are being dealt with as under:

3. The aforesaid FIR, which was registered as against the present applicant, as Case Crime No.787 of 2019, on 15.12.2019 at 16:46 'O' Clock, it has been complaint of that the Sub-Inspector Mr. Sanjay Singh Negi, on receipt of an information from his sources came to know that a White I-20 Car, bearing Registration No.UK08 AP 3105, was expected to cross over a place commonly called as Malak Chungi and as per information which was received by the Sub Inspector, it was informed that the said vehicle was carrying the contrabanded goods, which were the prohibited articles, as per the provisions contained under the NDPS Act. It is the case of the complainant in the FIR, that on receipt of the said information, prior to his Ravanagi Report No.54 at 16:46 'O' Clock; even much prior to it he has sent the Chatek, alongwith two constables in order to keep vigil and to apprehend the car, which was alleged to be informed was carrying the contraband goods. Subsequently, the police team headed by Sub-Inspector Mr. Sanjay Singh Negi, the complainant are said to have reached the place called as 'Malak Chungi' on Haridwar Road, near Laksar Bus Stop and they apprehended the car bearing Registration No.UK08 AP 3105. When the police officials wanted to stop the car, the driver of the vehicle attempted to turn the car and make an attempt to run away from the spot, but however after exercising of force, the police party was able to stop the car and apprehended the driver, who was driving the said car as it was informed by the police informer.

4. The police team which apprehended the car on asking the name of the person, driving the car, the driver very candidly informed that his name is 'Sharukh', and he informed that he was carrying the contrabanded article called as NRX-Buprrnorphine Injection (Rexogesie). When the car was stopped, the present applicant very candidly had intimated the police party, which was headed by Mr. Sanjay Singh Negi the Sub-Inspector, that his vehicle was carrying a carton, in the rear of the car, filled with aforesaid contrabanded articles as detailed above, which were the injections, which he contended and stated that he used to sell it to the students. On the car being apprehended, the Sub-Inspector informed the applicant of his rights, which were enshrined and protected by Section 50 of NDPS Act; for the purposes of conducting the search and seizer by a Gazetted Officer. The present applicant on being informed by the Sub-Inspector, about his rights conferred under Section 50 of the NDPS Act; had expressed his opinion that he wanted the search to be carried on him and his car by a Gazetted Officer. Accordingly, Mr. Sanjay Singh Negi, the Sub Inspector, who had his Mobile bearing No.9412957506; at about 19:40 hours, is said to have given a call to the Circle Officer, Mr. Chandan Singh Bisht; on his Mobile No.9411112996, informing him about the occurrence of 15.12.2019 at about 16:46, and also inform