IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 07.01.2025 Lakho ....Petitioner V/s State of Punjab ....Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. J.K. Singla, Advocate and Ms. Suman Rani, Advocate for the petitioner.

Mr. Neeraj Madaan, Senior DAG Punjab.

*****

SUMEET GOEL, J. (Oral)

The instant petition has been filed on 04.09.2024 under Section

438 of Cr.P.C., 1973 for grant of anticipatory bail.

As per the judgment rendered by this Court titled as ‘Abhishek Jain Vs. State of U.T. Chandigarh and another (CRM-M-31808- 2024:2024:PHHC:085784), the instant petition is not maintainable under Section 438 of Cr.P.C., 1973. However, keeping in view the entirety of facts and circumstances of the case especially that the instant petition pertains to anticipatory bail, the instant petition is directed to be considered as a petition under Section 482 of BNSS, 2023.

1. Present petition has been filed for grant of anticipatory bail to the petitioner in case FIR No.18 dated 20.01.2023 under Sections 22, 29 of the NDPS Act registered at Police Station City-2, Mansa, District Mansa.

2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-

“Copy of ruqa, SHO Sahib, Police Station City-2 Mansa, Jai Hind, Today, I, ASI along with ASI Sukhmander Singh 716/Mansa, HC Manpreet Singh 959/Mansa, SCT Lakhbir Singh 994/Mansa, SCT Tirath Singh 1298/Mansa were travelling on private vehicle driven by me/ASI along with electronic kit departed in the area of Police Station for checking of suspected persons. While checking, Police party was going from Chakerian Phatak Mansa towards Gandhi School Mansa adjoining to Railway Line and when the police party reached near turn of water works tanker constructed near Gandhi School and at main gate of ground of Khalsa School then one person while sitting with wall of Gandhi School and searching something in plastic sack then I, ASI stopped the vehicle on the basis of suspicion and come out from vehicle along with colleagues and walked towards person sitting adjoining with wall who got perplexed after seeing the police party and suddenly stand up and hide the plastic sack of white colour in his right hand and tried to escape in the ground of Khalsa School and I, ASI got apprehended him with the help of colleagues and asked his name and address then who told his name as Amritpal Singh alias Bablu Son of Sadhu Ram, resident of Ward No.5, Street in front of Mata Sandari College, Mansa and whose identification is as under: Aged about 50 years, height 5'-7", fair complexion, cleave shave and hair-cut, mark of injury on left knee, healthy. Thereafter, I, ASI was tried to join any independent witness but no private witness was joined. Thereafter, I, ASI told to apprehended person Amritpal alias Bablu that I, ASI Kaur Singh 127/MNS posted as I.O. at Police Station City 2 Mansa and I am in uniform as per my rank and name plate is affixed. Want to check you and plastic sack of white colour in your possession but you have legal right that you can check yourself and plastic sack of white colour in your possession from any Gazetted Officer or Magistrate Sahib or either bring you along with plastic sack of white colour in your possession before them. Notice under Section 50 of NDPS Act has been issued to him and who put his signatures in Punjabi on notice and ASI Sukhmander Singh 716/Mansa and HC Manpreet Singh 959/Mansa put their testimony. Thereafter, accused Amritpal alias Bablu stated while agreeing that I want to check myself and plastic sack of white colour in my possession from you on the spot. I have full faith upon you. Upon this, information memo, legal right memo and consent memo was prepared and accused Amritpal Singh alias Bablu put his signatures in Punjabi on it and ASI Sukhmander Singh 716/Mansa and HC Manpreet Singh 959/Mansa put their testimony. Thereafter, I, ASI checked the plastic sack of white colour from the possession